The proper execution of a prenuptial agreement in South Carolina can be a bit tricky, and a single misstep in the process can result in protracted litigation over the validity of the agreement, and ultimately end in the agreement not being recognized by the Family Court. It is essential that you retain an attorney not just well-versed in family law, but one who has lengthy and specific experience in drafting and executing valid prenuptial agreements.
In general, each party to a prenuptial agreement must be represented by independent counsel. Each of the parties must provide the other with full financial disclosure, and acknowledge receipt of full financial disclosure from the other. The agreement must not be unconscionable (i.e., one party becomes penniless while the other lives on a private island). Most importantly, one party may not coerce the other into entering into a prenuptial agreement; common are circumstances in which one party drops a proposed agreement on the other in the final days leading up to the marriage, with a “sign-or-the-wedding-is-off” ultimatum. Both parties must enter into the agreement freely and voluntarily, and this sort of arm-twisting will inevitably lead to an invalid agreement.
Be wary of attempting a prenuptial agreement without the assistance of a qualified, experienced Charleston family law attorney. If we can be of service to you in drafting or reviewing a South Carolina prenuptial agreement, please feel free to contact us to schedule a consultation.