Are you and your partner planning to get married in Rock Hill, South Carolina? Are you married but considering a plan to protect your assets? Prenuptial agreements and postnuptial agreements can be valuable planning tools.
The Rock Hill, SC family law attorneys at Minor Law Divorce Lawyers can help you understand how a prenuptial agreement or postnuptial agreement can work for you and give you peace of mind. Contact our law office today to schedule a consultation or call us at (803) 504-0971 for more information.
How Minor Law Divorce Lawyers Can Help With a Prenuptial or Postnuptial Agreement in Rock Hill, SC
At Minor Law Divorce Lawyers in Rock Hill, we are dedicated to serving clients and families with a wide range of legal needs. We understand how important it is to start your marriage on the right foot and keep it strong. Prenuptial and postnuptial agreements can help you reach your goals.
When you hire our legal team, we will:
- Give helpful guidance for your specific situation
- Make sure any prenup or postnup is legally valid and enforceable in South Carolina
- Help you understand complex asset and liability issues
- Foster open communication between you and your partner
- Protect your best interests throughout the process
Whether you are planning a prenuptial agreement or simply want to learn more about how such an agreement works, we can help. Contact our law office today for a consultation with a Rock Hill family law lawyer.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract that partners agree to when preparing for marriage. Prenuptial agreements summarize each partner’s assets, debts, business holdings, investments, retirement accounts, premarital property, and any other property-related concerns a couple might have.
Putting a prenuptial agreement into effect can prevent confusion and conflict if a marriage ends eventually. Prenuptial agreements must be entered into voluntarily by both sides, with no pressure by one party against the other. Not only is this a legal requirement, but it helps make sure both partners work together and have the same goals in mind.
A prenuptial agreement will often cover factors such as:
- Assets owned by each side going into a marriage
- The value of each party’s assets
- How assets would be split in the event of divorce or separation
- Any debts and liabilities that must be addressed
- Any premarital property, such as real estate or business assets that should be addressed
Prenuptial agreements cannot include future agreements on child support or child custody issues if the parties end up having children. Courts must consider the best interests of children when parents separate to make sure there is a plan tailored for the children.
What Is a Postnuptial Agreement?
A postnuptial agreement in South Carolina is a contract agreed to by spouses during the marriage instead of before the marriage. Postnuptial agreements address the same issues covered within a prenuptial agreement.
Postnuptial agreements are legally valid in South Carolina, but must disclose all assets and liabilities of the parties. The agreements must be fair and reasonable, and executed without duress, coercion, or fraud.
What Makes a Prenuptial Agreement Legally Valid in South Carolina?
In South Carolina, a prenuptial agreement must be in writing and signed by both parties to be legally valid. Each party should enter the agreement voluntarily, without any coercion, fraud, or undue pressure.
While notarization is not legally required, it is recommended to prevent disputes over authenticity. The agreement should include a reasonable disclosure of each person’s financial circumstances, unless this requirement is knowingly and voluntarily waived in writing.
Courts will assess whether the agreement was fair and conscionable at the time it was signed. If the terms are excessively one-sided or the agreement was reached through deceit or coercion, a judge may choose not to enforce it.
What Are the Benefits of Prenuptial and Postnuptial Agreements?
During a divorce, property division can be complex, costly, and stressful for everybody involved. Figuring out how property will be treated through a prenuptial or postnuptial agreement can settle arguments before they arise. Thus, parties will save time, money, and stress in the event of separation.
Having a valid prenuptial or postnuptial agreement in place can:
- Avoid property disputes
- Protect one spouse from owing on the other spouse’s debts
- Make clear decisions on property while the parties are on good terms
- Protect inherited property from division in a divorce
- Protect premarital property, such as real estate
- Decide how retirement accounts will be handled in the event of divorce
- Avoid costly litigation during the divorce process
A prenuptial or postnuptial agreement in South Carolina can control issues such as assets, business interests, retirement accounts, investments, and other financial issues that complicate the divorce process.
Contact a Rock Hill Prenuptial-Postnuptial Agreements Lawyer Today
If you and your partner are planning for marriage and have concerns about handling assets and debts, a prenuptial agreement can eliminate confusion over how property issues are handled in the future. Postnuptial agreements serve the same purpose, but are completed while a couple is married.
Prenuptial agreements and postnuptial agreements can give you and your partner valuable peace of mind when planning your financial future. To learn more, contact Minor Law Divorce Lawyers to schedule a consultation with an experienced Rock Hill prenuptial and postnuptial agreement lawyer.
