Planning for your marriage brings joy, excitement, and anticipation for the future. While few couples enter a union expecting divorce or death, it is wise to think ahead about legal protections. In South Carolina, a prenuptial agreement can provide clarity, safeguard individual assets, and reduce uncertainty. However, prenups must meet specific requirements to be enforceable. Understanding the pros and cons of prenuptial agreements in South Carolina can help couples make informed decisions before taking the next step with a lawyer.
What is a prenuptial agreement, and what does it do in SC?
A prenuptial agreement, or “prenup,” is a legally binding contract entered into before marriage. It outlines how assets, debts, and financial responsibilities will be handled during the marriage and, if necessary, upon divorce or death.
In South Carolina, you may choose to create a prenuptial agreement for many reasons. Some wish to protect significant financial or property interests brought into the marriage, such as family businesses, real estate, or inheritances. Others view prenups as a blueprint for fair property division if the relationship ends.
In blended families, for example, prenuptial agreements are often used to protect certain assets for children from prior marriages. By specifying who inherits property and belongings, couples can reduce the likelihood of disputes later on.
At their core, prenups clarify expectations and bring transparency to important financial matters before marriage. However, South Carolina law requires that prenuptial agreements meet certain standards: they must be executed well in advance of the wedding, involve full financial disclosure, and ideally include independent legal counsel for each spouse. Working with an experienced family law attorney is essential to ensure your prenup is enforceable and exactly as you want it.
8 Prenuptial Agreement Pros and Cons in SC
Like any legal tool, prenups come with both advantages and drawbacks. Understanding both sides helps couples decide whether a prenup is the right choice for them.
What are the positives of prenuptial agreements?
4 Pros of Prenups in SC:
- Asset Protection – Prenups safeguard family inheritances, businesses, and other valuable assets, ensuring they remain separate property in the event of divorce.
- Clarity and Transparency – By clearly outlining financial responsibilities, property division, and support obligations, prenups reduce the risk of future misunderstandings.
- Protection for Children from Prior Marriages – A prenup can designate assets for children from previous relationships, preventing disputes and honoring family priorities.
- Greater Control and Certainty – A well-drafted prenup provides predictability. Courts in South Carolina generally uphold valid prenups, giving couples more control over their financial futures.
What are the negatives of prenuptial agreements?
4 Cons of Prenups in SC:
- Strict Legal Requirements – Prenups must be signed well before the wedding (ideally 30 or more days in advance), include full disclosure, and involve independent legal counsel.
- Risk of Invalidation – If one party hides assets, signs under pressure, or if the agreement is deemed unconscionable, a court may refuse to enforce it.
- Emotional Tension – Discussing a prenup can feel unromantic and may add stress to wedding planning.
- Possibility of Legal Challenges – Even a properly drafted prenup can be contested later if one party claims unfair treatment or lack of independent legal advice.
Can I write my own prenup in South Carolina or do I have to have a lawyer?
While South Carolina law does not prohibit couples from drafting their own prenup agreement, self-drafted contracts are risky. Courts place a strong emphasis on fairness, full financial disclosure, and independent legal counsel. Without each party having their own attorney, a prenup is vulnerable to being declared invalid or unenforceable.
For these reasons, working with an experienced family lawyer to create your prenup is strongly recommended. At Harvey & Battey, our family law attorneys have the knowledge and experience to ensure your prenup is carefully drafted, customized to your needs, and enforceable under South Carolina law.
Contact Our Family Law Attorneys to Get Started on Your Prenup in South Carolina
Prenuptial agreements can provide peace of mind and protect what matters most, but they must be approached with care. At Harvey & Battey, we’ve served individuals and families in Beaufort, SC and the Lowcountry for over 100 years, offering trusted legal guidance rooted in compassion and experience.
Our family law team can help you draft a prenuptial agreement that reflects your goals while meeting South Carolina’s legal requirements. We are here to answer your questions, explain your options, and provide clarity during what can sometimes feel like an overwhelming process.
Schedule a consultation today with our knowledgeable and experienced family law attorney, Sam Scoville, and our trusted team at Harvey & Battey. Let us help you approach your marriage with confidence, security, and peace of mind.