For most people getting married is a wonderful occasion filled with joy and happiness. However, marriage is a legal contract between two people and it is prudent to protect yourself. Often, these agreements difficult to discuss, however, whether it is your first or second marriage, there are good reasons you may want to consider a prenuptial agreement.

Below are some common questions regarding prenuptial and postnuptial agreements in South Carolina:

Why do I need a Premarital Agreement?

You do not need a premarital agreement to get married in South Carolina.
However, premarital agreements can help couples identify non-marital property prior to entering into a marriage. One of the biggest potential expenses in dissolution of a marriage can be determining what property should and should not be considered a part of the marital estate. Further parents with children from a previous marriage may want to consider a premarital agreement to protect property intended for their children in the event of dissolution of a marriage.

What is a Postnuptial Agreement?

Similar to premarital agreements, postnuptial agreements can help define non-marital property owned by each spouse. They can be important to offset questions about potential transmutation of non-marital property into marital property during the marriage.

Do these Agreements Withstand Judicial Scrutiny?

Parties should be aware South Carolina courts have strict disclosure requirements related to all marital agreements and it can be important to have an attorney review or draft any agreement prior to execution. Further, South Carolina Courts will not agree to any arrangement which impoverishes a dependent spouse.

The Miller Law Firm, P.A. can help spouses identify potential concerns and pitfalls that commonly arise in both these types of agreements. While the property issues may be uncomfortable for many to discuss, particularly those planning on a successful marriage, they can be important discussions to have to help ensure a party’s economic security now and in the future. Call the Miller Law Firm, P.A. today at (864) 527-0413.