Outline
In South Carolina, a prenuptial agreement serves as a vital tool for couples planning to marry, allowing them to outline their financial rights and responsibilities before tying the knot. This legal document can address various aspects of the couple's financial arrangement, including the division of property, spousal support, and debt responsibilities in the event of divorce or separation. By establishing clear terms, both parties can protect their individual assets and minimize potential disputes in the future. The form itself requires specific information, such as the names of both parties, a disclosure of assets and debts, and signatures to validate the agreement. It is essential for both individuals to fully understand the implications of the agreement, ensuring that it is fair and equitable. With the right guidance, couples can create a prenuptial agreement that reflects their unique circumstances and sets a solid foundation for their marriage.
Form Sample
South Carolina Prenuptial Agreement Template
This Prenuptial Agreement (hereinafter referred to as the "Agreement") is made and entered into on the _____ day of _______________, 20___ (the "Effective Date"), by and between ________________________ (hereinafter referred to as "Party One") and ________________________ (hereinafter referred to as "Party Two"). This Agreement sets forth the rights, duties, and obligations of Party One and Party Two in the event of separation, divorce, or death, in accordance with the laws of the State of South Carolina, particularly referencing the South Carolina Code of Laws Unannotated Title 20 Domestic Relations.
Recitals
WHEREAS, Party One and Party Two contemplate legal marriage under the laws of the State of South Carolina;
AND WHEREAS, both parties wish to establish their respective rights and obligations regarding each individual's property and financial responsibilities during the marriage and in the event the marriage ends by divorce or death;
NOW, THEREFORE, in consideration of the marriage and mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Party One and Party Two agree as follows:
1. Disclosure of Assets and Liabilities
Each party has fully disclosed to the other party their current financial assets and liabilities, which are attached hereto as Exhibit A (Party One) and Exhibit B (Party Two).
2. Separate Property
a. The parties acknowledge that each party may enter the marriage with separate property. Such property shall remain the sole and separate property of the party who owns the same, and shall not be subject to division or distribution upon the dissolution of the marriage.
b. The parties may, during the marriage, acquire additional separate property. Such acquisitions shall be considered separate property of the party in whose name the property is acquired.
3. Marital Property
All property acquired by either party during the marriage, unless classified as separate property as defined above, shall be considered marital property and subject to equitable distribution under the laws of the State of South Carolina.
4. Alimony and Maintenance
Both parties waive their rights to claim alimony from the other, except as specifically provided for in this Agreement or as otherwise required by the State of South Carolina.
5. Amendments and Revocation
This Agreement may only be amended or revoked by a written document signed by both parties and notarized.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any choice or conflict of law provision or rule.
7. Entire Agreement
This Agreement contains the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties.
IN WITNESS WHEREOF
,the parties hereunto set their hands and seals on the date first above written.
Party One: ___________________________ Date: _______________
Party Two: ___________________________ Date: _______________
Notary Public:
State of South Carolina
County of _______________
On this, the _____ day of _______________, 20___, before me appeared ________________________ and ________________________, known to me (or satisfactorily proven) to be the individuals whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
Notary Signature: ___________________________
Printed Name: ____________________________
My Commission Expires: _______________
Form Attributes
| Fact Name | Details |
|---|---|
| Definition | A prenuptial agreement in South Carolina is a contract between two individuals before marriage that outlines the distribution of assets and responsibilities in the event of divorce or separation. |
| Governing Law | South Carolina Code of Laws, Title 20, Chapter 3 governs prenuptial agreements. |
| Enforceability | For a prenuptial agreement to be enforceable, it must be in writing, signed by both parties, and entered into voluntarily without fraud or coercion. |
| Disclosure Requirements | Both parties should fully disclose their assets and liabilities to ensure fairness and avoid disputes over the agreement's validity. |
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