Already married and wondering if it’s too late for a prenup? Learn how postnuptial agreements work in South Carolina and whether they can protect your assets moving forward.
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So you’re already married—and now you’re wondering if a prenuptial agreement would’ve been a good idea. Maybe you’ve started a business, received an inheritance, or just want more clarity about finances moving forward.
Here’s the good news: It’s not too late. South Carolina allows something called a postnuptial agreement, which functions like a prenup—but is created after the wedding.
Let’s break down how it works, when it makes sense, and how to make sure it’s valid under South Carolina law.
What Is a Postnuptial Agreement?
A postnuptial agreement (or “postnup”) is a legal contract between spouses that outlines how assets, debts, or future financial matters would be handled if the marriage ends—either by divorce or death.
Unlike a prenup, which is signed before marriage, a postnup is signed after you’re already legally married.
It can include:
- How property or retirement will be divided
- Whether one spouse will pay alimony
- Who keeps what in the event of separation
- How debts will be assigned
Why Would a Married Couple Want One?
You might be surprised at how common this is. Couples in Lexington often explore postnups for reasons like:
- A change in financial status (e.g., one spouse inherits money or starts a business)
- Concerns after marital conflict or separation
- Blended family planning (protecting children from previous relationships)
- Clarifying responsibilities for managing property, bank accounts, or debts
Some couples see it as a way to strengthen transparency and avoid future disputes—not as a sign of distrust.
Are Postnups Enforceable in South Carolina?
Yes, but with a few important conditions.
To be legally enforceable in South Carolina, a postnup must be:
- Voluntarily entered into by both parties
- In writing and signed
- Full financial disclosure must be given—no hiding assets
- Fair at the time of signing
- Not against public policy
If any of those conditions aren’t met, a judge could refuse to enforce it.
How Is It Different from a Prenup?
Legally, both agreements aim to accomplish the same goal—defining financial expectations in case the marriage ends.
The difference is timing. With a postnup, courts may scrutinize the agreement more closely, because you’re already married and may have shared finances. That’s why full transparency and fairness are crucial.
Can We Create a Postnup Without a Lawyer?
Technically, yes. But it’s not recommended.
To protect both parties and ensure enforceability:
- Each spouse should have their own attorney
- The agreement should be clear, detailed, and specific
- You should keep written records of all financial disclosures
A DIY form won’t hold up if it’s vague, one-sided, or missing required elements.
Quick FAQ:
Q: Can we include child support or custody in a postnup?
A: No. South Carolina doesn’t allow couples to predetermine custody or support—those decisions must follow the child’s best interests at the time of divorce.
Q: Can a postnup be changed or canceled?
A: Yes, as long as both spouses agree and sign the new version or revocation in writing.
Q: What if one spouse refuses to sign?
A: The agreement can’t be forced. Both parties must agree voluntarily.
Protect Your Future, Even After “I Do”
If you’re already married and want more clarity or protection for your assets, it’s not too late. A carefully drafted postnuptial agreement can help reduce stress, prevent conflict, and support a more stable future.
Call The Farley Law Firm in Lexington today to schedule a confidential consultation.
Disclaimer
This information is for general education only and is not legal advice. Schedule an appointment to discuss your situation. Past results do not guarantee a similar outcome.
