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A prenuptial, or prenup agreement is a type of contract entered into in anticipation of an upcoming marriage. In South Carolina many couples choose to utilize a prenuptial agreement in an effort to help not only protect property in the event of a divorce, but also as part of the estate planning process.

For purposes of divorce, South Carolina is considered to be an equitable distribution state. This means that the Family Court will attempt to reasonably divide the combined marital assets of the couple. Assets that are not marital, but are instead are determined to be solely the property of either the husband or the wife, are not considered marital and will not be divided by the Court.

A prenuptial agreement can help by having both the husband and the wife agree at the onset of the marriage as to what assets will be considered marital and what will be considered separate personal property. If you are contemplating a marriage, and you have one of the following circumstances you may wish to consider a prenuptial agreement:

  • An interest in a family owned business
  • Back taxes
  • Children from a previous relationship
  • Disparity in income levels
  • Inheritance Issues
  • Judgments \ Debt Issues
  • Significant personal assets
  • A business with a partner
  • Retirement savings
  • Senior Citizen Marriages

Other terms that may be considered in a South Carolina prenuptial agreement include those relating to mandatory mediation or arbitration of any contested issues, alimony, child support, child custody, or visitation.

The circumstances surrounding the execution of prenuptial agreement will be determined by the Family Court in the event that there is any subsequent marital litigation between the parties. For this reason it is necessary that a prenuptial agreement be entered into in such a way that it will be likely upheld. Prenuptial agreements should only be entered into between parties after receiving separate, independent legal advice. Prenuptial agreements executed without the use of an attorney are unlikely to be honored by South Carolina courts.

If you are considered a prenuptial agreement you are invited to contact the office of Lexington Attorney James Snell at (888) 301-6004. The process will begin in an initial consultation where we will review prenuptial and marital contract law in more detail with you and discuss your specific situation.

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Law Office of James R. Snell, Jr. LLC
Located at 123 Harmon Street Lexington, SC 29072. View Map
Phone: (888) 304-2418