Prenuptial Agreements

Prenuptial Agreements

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South Carolina Prenuptial Agreements Lawyer

Although marriage is an exciting time, it is important that a couple are on the same page before entering into this sacred union. A prenuptial agreement, or ‘prenup,’ outlines each person’s expectations from one another upon getting married.

Just as no marriage is the same as another, no two prenups are identical. If you are considering signing a prenup, you will want to make sure that you acquire separate representation from your spouse. This will ensure that your interests are being fairly represented.

At Isaacs & Alley, LLC, we believe that signing a prenuptial agreement does not cast doubt on your marital union but rather helps you plan for the unexpected. Whether you are creating or revising a prenup, we are here to offer our legal guidance.

South Carolina Law on Prenuptial Agreements

Although several states have adopted the Uniform Prenuptial Agreement Act (UPAA), South Carolina has not adopted it as of date. The state relies heavily on case law and statutes to determine the enforceability of prenuptial agreements.

In South Carolina, a prenuptial agreement must honor the equitable distribution of property between spouses. According to the law, this fair distribution pertains to property acquired during the marriage, known as marital property.

Marital property is real or personal property that is purchased using joint money, while nonmarital property may be a gift or inheritance from a third party, or from another person before or after the marriage.

person handshake with each other

What is Included in a Prenuptial Agreement?

In general, prenuptial agreements concern financial issues, which may include any of the following:

  • The purchase of life insurance and payment of premiums for the benefit of the other spouse
  • The right of each spouse to manage, control, purchase, or sell property
  • Establishing how decisions regarding large purchases will be made
  • Indicating which spouse will be responsible for household bills, including utilities and groceries, as well as any debts incurred during the marriage.
  • What will happen to marital property in the event of the couple’s separation, divorce, or death (in conjunction with estate planning)
  • How assets and liabilities will be divided if the couple divorce
  • Agreement to waive alimony or modify its terms in the event of divorce
Woman read prenuptial agreement and signed it

A prenuptial agreement can protect both you and your soon-to-be spouse’s interests. While any couple prior to marriage may feel that they can agree on a prenup without legal intervention, this is usually not the case. When you are caught up in the excitement of being newlyweds, you are likely to agree to terms that are not completely fair to you.

Even if your marital union stands the test of time, if you agree to pay the lion’s share of the household expenses, you will likely carry resentment toward your spouse. In hiring a prenuptial agreements lawyer, you are retaining an individual who can look at your situation with an unbiased approach. We will look at your situation to determine the arrangements that will make both of you happy.

Getting Married? Speak with Our South Carolina Prenuptial Agreements Lawyer

A prenuptial agreement lays the foundation for an enduring marriage. Although signing a premarital agreement can seem foreboding, it will specify how you and your soon-to-be spouse will handle your finances.

At Isaacs & Alley, LLC, we believe that being on the same page is key to a successful marriage. To get started, contact us online or by phone. We offer free case evaluations.