Prenuptial and Postnuptial Agreements In Greenville County

Experienced family law attorney negotiates a marital contract that’s right for you

Prenuptial and postnuptial agreements are legal instruments that provide clarity and protection for prospective spouses, as well as people who are already married. In South Carolina and elsewhere, these agreements are increasingly common as people seek to manage financial matters, property rights and other personal affairs. If you're considering a martial contract, McManaway Law, LLC in Greenville can help. In my family law practice, I represent clients in divorce actions where the outcome turns on the existence (or absence) of a marital agreement. I can explain the potential benefits and guide you through the process of creating an effective and legally binding marital agreement.

How to determine if a prenuptial agreement is right for you

A prenuptial agreement is a contract signed before marriage that outlines how assets, debts and other financial matters will be handled in the event of a divorce or separation. It can be a crucial tool for couples who want to avoid financial disputes and clearly define their responsibilities before tying the knot. The need for a prenuptial agreement depends on several factors:

• Financial status — If either spouse has significant personal assets, such as real estate, business ownership or substantial investments, a prenup can help protect those assets in the event of a divorce.
• Previous marriages — When a party has been married before and has children or obligations from a prior relationship, a prenuptial agreement can ensure that assets are preserved to meet those responsibilities.
• Debt — A prenup can also protect one party from assuming liability for the other's debts should the marriage end.
• Business interests — If one or both parties own a business, a prenup can clarify how business assets would be treated in a divorce.

Ultimately, a prenuptial agreement can help avoid ambiguity and conflict by setting clear expectations for both spouses.

Legal requirements under South Carolina law

In South Carolina, prenuptial and postnuptial agreements are enforceable, provided they meet the following requirements:

• Written — The agreement must be in writing and signed by both parties.
• Transparency — Both parties must fully disclose their financial assets and liabilities. Failure to do so can render the agreement invalid. The agreement must be absent any misrepresentations of fact which might be construed as fraud.
• Voluntariness — Both parties must enter the agreement voluntarily without any coercion or undue pressure.
• Reasonably fair— An agreement can favor one party, but cannot be so heavily one-sided as to “unconscionable” at the time of the signing. Courts can refuse to enforce a grossly unfair agreement.

Each party must retain their own family attorney during the negotiation process to protect their rights.

Contesting the validity of a prenuptial agreement

While prenuptial agreements are generally enforceable in South Carolina, a party can challenge the contract based on certain grounds:

• Fraud or misrepresentation — If one party didn’t disclose all their assets or debts, the agreement could be challenged.
• Coercion or duress — If one party was unduly pressured or forced to sign the agreement, it may not hold up in court.
• Unconscionability — If the terms are grossly unfair or one-sided, a court may determine the agreement is unenforceable.
• Improper execution — If the agreement was not properly executed, such as lacking the required signatures or witnesses, it could be invalid.

Courts will generally uphold prenuptial agreements unless there is clear evidence of these issues.

Benefits of a postnuptial agreement for married couples

Many couples choose to enter into a postnuptial agreement to clarify financial responsibilities or protect their interests after circumstances have changed during the marriage. The potential benefits of a postnuptial agreement include the following:

• Clarity — The agreement provides a clear understanding of how assets, and will be allocated in the event of a divorce or separation.
• Protecting separate property — A postnup can define which assets remain separate, protecting specific items individual property acquired during the marriage.
• Resolving conflicts — If a couple has had financial disagreements, a postnup can resolve areas of contention.

A postnuptial agreement allows couples to make financial arrangements after they have experienced life together as a couple. They might better understand specific financial concerns and areas of tension in their relationship. By addressing these issues in a postnup, the couple can relieve some of the anxiety surrounding their relationship, so their marriage is stronger as a result.

Contact a Greenville family law attorney to discuss a marital agreement 

McManaway Law, LLC in Greenville represents Upstate South Carolina residents in negotiations involving prenuptial and postnuptial agreements. Please call 864-428-8912 or contact me online for a consultation.