South Carolina Prenuptial Agreement Overview
South Carolina’s prenuptial agreement law under S.C. Code Ann. §§ 20-1-360 to 20-1-440 requiring written execution, voluntary consent, and full financial disclosure. South Carolina is an equitable distribution state — marital property divided fairly but not necessarily equally, making prenups valuable for protecting pre-marital assets and business interests.
Key Facts About South Carolina Prenuptial Agreements
- South Carolina recognizes prenuptial agreements under S.C. Code Ann. §§ 20-1-360 to 20-1-440
- South Carolina is an equitable distribution state — marital property divided fairly but not necessarily equally
- Courts will void a prenup signed under duress or without proper financial disclosure
- Both parties must sign voluntarily and with full knowledge of the other’s assets
- Independent legal counsel for both parties is strongly recommended
- The agreement must be in writing and signed by both parties before the wedding
- The agreement must be presented well in advance of the wedding to avoid duress claims
What Can Be Included in a South Carolina Prenup?
Can Be Included
- Rights and obligations regarding property
- Right to buy, sell, use, transfer, or manage property
- Disposition of property upon separation, divorce, or death
- Modification or elimination of spousal support
- Making of a will or trust
- Ownership rights in a life insurance death benefit
- Choice of law governing the agreement
Cannot Be Included
- Child support or child custody provisions
- Provisions that encourage divorce
- Provisions that violate criminal law or public policy
- Terms that are unconscionable
South Carolina Prenuptial Agreement Laws & Requirements
Governing Statute
Prenuptial agreements in South Carolina are governed by S.C. Code Ann. §§ 20-1-360 to 20-1-440. South Carolina has developed its own common law and statutory framework for prenuptial agreements.
Requirements for a Valid Prenuptial Agreement in South Carolina
- Written Agreement: The prenuptial agreement must be in writing. Oral prenuptial agreements are not enforceable in South Carolina.
- Signed by Both Parties: Both parties must sign the agreement before the wedding ceremony.
- Voluntary Execution: Both parties must sign voluntarily, without duress, coercion, or undue influence.
- Full Financial Disclosure: Both parties must fully disclose their assets, debts, and financial obligations.
- Executed Before Marriage: The agreement must be signed before the marriage takes place.
- Fair and Reasonable: Courts may void provisions that are unconscionable or grossly unfair.
Grounds for Invalidating a South Carolina Prenuptial Agreement
- Signed under duress, coercion, or undue influence
- Lack of full and fair financial disclosure
- Signed without adequate time to review (presented too close to the wedding)
- One or both parties lacked mental capacity
- Provisions that are unconscionable or violate public policy
- Failure to meet formal execution requirements
Official Resources
South Carolina Prenuptial Agreement Forms & Resources
Below are resources for South Carolina prenuptial agreement forms, official government documents, and related legal forms.
Free South Carolina Prenuptial Agreement Template
Our free prenuptial agreement template is designed to comply with South Carolina law under S.C. Code Ann. §§ 20-1-360 to 20-1-440. It includes all required provisions and can be customized to your specific situation.
Download Free TemplateOfficial South Carolina Legal Resources
- S.C. Code Ann. §§ 20-1-360 to 20-1-440 — Full Statute Text
- South Carolina State Bar Lawyer Referral Service
Related South Carolina Legal Forms
Find a South Carolina Prenuptial Agreement Attorney
Finding an experienced family law attorney in South Carolina is one of the most important steps in creating an enforceable prenuptial agreement. Courts are more likely to uphold agreements where both parties had independent legal counsel.
How to Find a Qualified South Carolina Prenup Attorney
- Look for attorneys who specialize in family law and marital agreements
- Both parties should have separate, independent attorneys
- Start the process at least 3–6 months before the wedding
- Ask about experience specifically with prenuptial agreements
- Request a flat-fee quote rather than hourly billing when possible
Official South Carolina Attorney Referral Resources
- South Carolina State Bar Lawyer Referral Service
- Avvo — South Carolina Family Law Attorneys
- Martindale-Hubbell — South Carolina Family Law
- FindLaw — South Carolina Family Law Attorneys