Postnuptial Agreement Attorney in Charleston, SC

Postnuptial agreements are like prenups except that couples enter into them during marriage, not before. They’re often recommended when one spouse obtains a large inheritance, couples start a business together, or you want to prepare for an amicable separation or divorce.

Discuss the benefits of entering into a marital property agreement with the experienced Charleston postnuptial agreement lawyer at Martin Murphy Law LLC. Call (843) 809-0232 or connect with our Moncks Corner family attorney serving the Tri-County area online.

Overview of Marital Property Agreements in South Carolina

When couples divorce, South Carolina’s equitable distribution laws determine how shared property is categorized and distributed. These default laws control the asset distribution process, but couples are free to enter into overriding marital property agreements. These contracts, often negotiated with help from our dedicated Moncks Corner certified family mediators, may be executed before marriage (prenups), during the marriage (postnups), or as divorce settlements.

Benefits of Executing Charleston Postnuptial Agreements

Most couples who execute prenups have significant assets they want to protect before entering into the marriage. However, young spouses may gather assets over time as they inherit money or progress in their careers. Our family attorney often recommends negotiating a postnuptial agreement, which is not a separation agreement or divorce settlement, if you’re concerned about the default distribution of your debts and assets in the event you divorce. Postnups have the following benefits:

Control

Unlike divorce judgments, you control the outcome of the postnuptial contract process. This means you can decide which spouse owns certain property and debts, and you can even agree on alimony.

Protection

Marital property agreements can protect your separate property, such as a home you owned prior to marriage, from becoming a ‘mixed’ asset that complicates divorce proceedings. It can also be used to insulate one spouse if the other decides to take on significant business or student debts during the marriage.

Cost and Efficiency

If executed with help from an experienced Moncks Corner family lawyer, postnups are enforceable during legal separation and divorce proceedings. This significantly reduces the cost of litigating complex property disputes and can result in quicker dissolution proceedings.

Executing Valid South Carolina Postnups

The same execution rules applicable to prenups generally apply to executing postnups. To be enforceable in court, the parties must work closely with a Charleston family lawyer to ensure they do the following:

• Sign a written document (oral agreements and changes are not valid)
• Voluntarily execute the agreement free from undue pressure, duress, or coercion.
• Provide a full financial disclosure of all assets and liabilities
• Ensure fairness to avoid unconscionability (extreme one-sidedness)
• Not include essential provisions related to child custody and support
• Obtain independent legal counsel (recommended)

If you do not follow these execution procedures or include illegal provisions related to child custody, visitation, or support, the court may invalidate the document during divorce proceedings.

Your Trusted Postnup Lawyer in Charleston, S.C.

Always work with an experienced Moncks Corner family lawyer to execute any contracts between spouses, including marital property agreements. Because postnups often involve sensitive issues and potential emotional duress, courts may invalidate these documents if you do not seek legal advice. Schedule a confidential postnuptial agreement consultation with our Charleston domestic relations lawyer today by calling (843) 809-0232 or connecting with us online.