Turner Family Law in Greenville, SC can assist you with a prenuptial agreement. Greenville family lawyer J. Michael Turner, Jr. litigates divorce cases involving premarital agreements. He can also assist you with drafting or negotiating a prenuptial contract. Contact us today to talk about your case.
Lawyer for Prenuptial Agreements in South Carolina
Couples getting married may enter into a prenuptial agreement. Also called antenuptial or premarital agreements, a prenuptial agreement is a contract between spouses. It states what will happen if the parties eventually get divorced or if a spouse dies.
Michael Turner is a Greenville lawyer handling prenuptial agreements. He can assist you with any of the following:
- Drafting an agreement between people getting married
- Negotiating your agreement
- Helping you understand the terms of the proposed language and whether you should sign
- Modifying or renegotiating your agreement following marriage
- Enforcing an agreement during divorce proceedings
- Challenging a prenuptial agreement during a divorce
Legal representation can assist you with a premarital agreement before, during, or upon the dissolution of the marriage. Turner Family Law aims to represent your interests. To talk to a lawyer now, contact us today.
Understanding Prenuptial Agreements in South Carolina
A prenuptial agreement is a contract that spouses create before they get married. The contract determines the disposition of property if the parties divorce or a spouse dies.
Does South Carolina recognize prenuptial agreements?
Yes. South Carolina recognizes prenuptial agreements. However, there are reasons that a specific agreement may not be upheld.
What can a prenup contain?
A prenuptial agreement may determine the disposition of any of the following:
- Real and personal property
- Alimony/spousal support
- Assignment of debts
- Business earnings and ownership
- Ownership of retirement accounts
- Disposal of property whether sole or marital
- Insurance benefits
A prenuptial agreement defines what will happen to the property when there is a divorce. It may address assets the parties have at the time of marriage. It may also include things that come to a spouse during the marriage.
Can child custody and child support be decided by prenup?
No. Child custody is determined according to the best interests of the children. There is no way for parties to know what that is in advance. In addition, child support must be determined based on the needs of the children and the resources of the parents. Child issues cannot be decided by a prenup.
Enforceability of Prenuptial Agreements in South Carolina
When spouses divorce, one party may try to invalidate a prenuptial agreement. In general, prenuptial agreements are enforceable in South Carolina if three things are true:
- The agreement was not obtained through fraud, duress, mistake, misrepresentation, or non-disclosure.
- It is not unconscionable. Unconscionability is the absence of meaningful choice due to one-sided contract provisions, or terms so oppressive no honest or reasonable person would make them.
- Facts and circumstances have not changed since the agreement was executed, to make it unfair and unreasonable.
South Carolina recognizes that parties are free to contract. Parties must be honest about their financial picture when negotiating. If the premarital agreement is made freely and fairly, it will be upheld.
Examples of prenuptial agreements being upheld or being thrown out
In Holler v. Holler, the court invalidated a prenuptial agreement where the wife was from another country and English was not her first language. She had trouble understanding the legal terms in the agreement, but she could not get the document translated. She had to sign the agreement quickly before her visa expired. The court invalidated the prenuptial agreement. (Holler v. Holler, 364 S.C. 356 (2005)).
In Hudson v. Hudson, the court upheld a prenuptial agreement where, at the time of marriage, the husband had significant assets, and the wife did not. The agreement awarded ownership of the husband’s assets to him upon divorce. The court found that the agreement was entered into knowingly and that it was valid. (Hudson v. Hudson, 408 S.C. 76 (2014)).
Each situation is different. We invite you to schedule a personalized consultation with lawyer Michael Turner to discuss the creation, modification, or enforceability of a prenuptial agreement in your situation.
Consultation with a Lawyer in Greenville for Prenuptial Agreements
Prenuptial agreement lawyer Michael Turner assists clients at all stages of creating, modifying, and litigating premarital agreements. With a long history of litigating on behalf of clients in family court, he works to reach the individual goals of each client. He provides honest advice and a personalized case plan for your situation. To see how he can help you and to start your case today, call or message us now.