Prenuptial Agreements In SC: Should I Get a Prenuptial Agreement?

Should you get a prenuptial agreement in South Carolina? If you are considering it, the answer is probably yes. It can never hurt to have one, but it may hurt if you don’t. If you are about to get married, you and your spouse should consider drafting a prenuptial agreement. Likewise, if you are already married, you may want to draft a postnuptial agreement.

Falsely assumed as reserved for the rich, prenuptial agreements are a great idea for any couple no matter what their income levels may be. Marriage is a legal contract that binds two people together, which includes their finances.

It is important to have a financial conversation with your future or current spouse so that you are best prepared for your marriage. A prenuptial agreement will help you set financial expectations, which will build a more successful marriage by ensuring that your financial wishes are executed during the marriage and in the case of death or divorce. Prenuptial agreements and postnuptial agreements allow spouses to take inventory of their finances, including assets, liabilities and property. Your prenuptial or postnuptial agreement can also set up parameters of your marriage such as who will pay what bills when, and whether or not to file for taxes jointly or separately.

In the case of divorce, many of the financial decisions that could be outlined in a prenuptial agreement will instead be left to the state, as a family court judge decides how assets, liabilities and property are divided. A prenuptial agreement can help safeguard against unsatisfactory results from a judge. If you are currently married, a postnuptial agreement can offer the same benefits and help to heal marriages that are in financial ambiguity.

If you are about to engage in a divorce, and have a prenuptial agreement, it is important to have a Charleston lawyer on your side that can fully explain what you can expect. If your prenuptial agreement is written in haste and without legal consult, it is possible that another lawyer will be able to have it thrown out in court, so it is important to seek legal assistance. If you signed a prenuptial agreement, whether or not you had the majority of assets going into the marriage, you need to be treated fairly. Ayers Law Firm can assist in setting up your prenuptial or postnuptial agreement. We listen intently and work diligently, so that your best interests remain at the forefront of your agreement. At Ayers Family Law, we can help assist with this and many other aspects of family law in Charleston.

If you are thinking about drafting a prenuptial agreement, postnuptial agreement or are considering a divorce in the Charleston area, contact Ayers Family Law today.


— Written By Hunter Gardner