Call Today 803.359.3301
Determined Family Lawyers Contact Our Firm to Protect What Matters Most to You

Lexington Prenuptial Agreements

South Carolina Attorneys Looking Out for Your Future

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 (803) 359-3301. 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.

  • Better Business Bureau - Accredited Business
  • South Carolina Association of Criminal Defense Lawyers
  • South Carolina Association for Justice
  • American Association for Justice
  • 10.0 Superb Rating on Avvo

Stay Updated

  • Child Support Reduction Requests

    If you are required to pay court ordered child support you need to take the necessary steps to protect yourself in the event that you suffer a job or ...

    View More
  • Lexington County Foreclosure Defense

    Are you a homeowner facing a foreclosure in Lexington County? If so, we can help. Due to the economic slowdown caused by the virus we are able to ...

    View More
  • New – No Court Divorce Approved for South Carolina!

    Uncontested divorce proceedings have been deemed essential, and are now able to be finalized with a new no court process. We can help you obtain this ...

    View More

Get Started Today

We're Available to Schedule Immediate, Same-Day Consultations
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.