Legal Protection and Clarity for Married Couples in Rock Hill
Postnuptial agreements are a way for you and your spouse to clarify financial matters and put boundaries in place in case you get divorced. Prenuptial and postnuptial contracts are both valuable tools to help limit uncertainty and give people peace of mind that their assets will be protected. Because a postnup is a legal document, it’s crucial to talk to a local family law attorney before entering into one of these agreements.
Turner Family Law offers personalized legal services to individuals and families throughout Rock Hill and York County. We can help you create, review, modify, and sign a postnuptial agreement, and we can answer all your questions so you know what you’re agreeing to before you sign.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract that two spouses sign after they are married. The document describes their assets and their wishes for distributing them in the event of a divorce.
Like a prenup, a postnup can be beneficial for people to create if they have complex or high-value assets. Additionally, postnups can help limit confusion, disagreements, or time spent in court if the parties divorce.
Key Differences Between Prenups and Postnups
Both prenuptial and postnuptial agreements can address the same topics, including the spouses’ wishes for dividing up their marital property. However, a prenuptial agreement is signed before the parties get married, and a postnuptial contract is signed after the wedding.
When Should You Consider a Postnup?
Couples may decide to create a postnuptial agreement for a variety of reasons, including:
- Financial changes after marriage
- Business growth or new investments
- Rebuilding trust after marital conflict
- Planning for a more predictable future
A postnuptial agreement can be beneficial to have if you and your spouse have complicated or high-value assets, like trusts, business income, and investments. Additionally, a postnuptial can be advantageous if the spouses are thinking about filing for a divorce or separating their lives.
Enforceability Under South Carolina Law
Under South Carolina law, postnuptial agreements can be enforceable if the spouses follow the particular legal process for creating and signing one. For instance, both spouses should be represented by an attorney and have the benefit of legal counsel. Additionally, each spouse needs to have signed the document freely and without pressure or duress after being able to access the other spouse’s financial information.
Why Choose Turner Family Law for Your Postnup?
The Turner Family Law team has been carefully selected to serve individuals and families as they navigate various milestones and legal disputes. Here’s some of what we have to offer our clients:
- Knowledge of complex assets & debt structures
- Confidential, compassionate, and client-focused legal guidance
- Understanding of family law legal matters in Rock Hill and York County
We understand that we are visitors to your story, and you will have to carry out the agreements or court orders made during your time with us. We seek to create partnerships that enable us to develop empowering and practical solutions for our clients.
Our Postnuptial Agreement Services
We provide a range of postnuptial agreement legal services to our clients, including the following:
- Drafting custom agreements after marriage
- Reviewing or updating existing postnups
- Clarifying asset division and spousal support terms
- Helping protect business interests and investments
Wherever you are in the postnuptial process, our dedicated team can help. We can carefully review or write a contract and explain it in plain language, so you understand what it means for you.
Serving Clients Throughout Rock Hill and York County
Many people have leaned on us to help them through a variety of legal matters. After working with us, here’s what Susan Kelley had to say:
“Michael Turner is fantastic! I’ve used others in the past, and now I know what having a real attorney and team is like! He’s an excellent communicator, extremely thorough, knowledgeable, articulate, and polite! You will be in good hands with the Turner Family Law Firm.”
Frequently Asked Questions About Postnuptial Agreements in SC
Are postnuptial agreements legally enforceable in SC?
It depends. Postnuptial agreements can be enforceable if the document meets the legal requirements. For example, each person should have access to the other’s financial information, and an attorney should review the contract and advise them about the terms.
Can we create a postnup years after marriage?
Yes. You can create a postnuptial agreement after you get married.
What can be included in a postnup?
In a postnuptial agreement, you and your spouse can discuss property matters, such as who owns what assets and what should happen to these if the marriage ends.
Will the court honor our postnuptial agreement in a divorce?
If the court determines that the postnuptial agreement is enforceable and meets the legal requirements, it may honor the contract during a divorce.
Schedule a Consultation With a Postnuptial Agreement Lawyer in Rock Hill
If you’re thinking about creating a postnuptial agreement, reach out to our team today by calling 864-778-2734. Turner Family Law is a trusted and esteemed family law firm in South Carolina. Our attorneys’ dedication to our clients has earned them recognition, including a spot on the 2023 Family Law Powerlist published by South Carolina Lawyers Weekly. We are ready to take your call.
