Prenuptial Agreement Lawyer in Charleston, SC

Most partners don’t want to be the first to breach the prenup subject, especially during a joyful season of life. However, marriage is a legal union that changes how you legally own property and debts. Sitting down with a compassionate Charleston prenuptial agreement lawyer at Martin Murphy Law LLC can help you understand the legal nature of your union and override any default marital property laws that don’t work for your family.

Schedule a confidential prenup consultation with our Moncks Corner family lawyer serving the Tri-County area today by calling (843) 809-0232 or connecting with us online.

Understanding Premarital Agreements in Charleston

Prenups, also referred to as premarital or antenuptial agreements, are contracts couples enter into before marriage to protect their assets and rights in the event they divorce. These unique contracts only take effect upon legal marriage and may address the following:

• Property ownership
• Investments
• Joint businesses
• Alimony
• Debts
• Inheritances

Importantly, valid prenups override default marital property distribution and alimony laws in South Carolina. This often allows for less stressful and less expensive divorce settlements. It might also protect one spouse from sharing in certain student or business debts. Noticeably absent from this list are issues related to child custody and child support. Child-related matters must be determined by the family judge based on the child’s best interest and should not be included in a prenup.

Executing Valid South Carolina Prenups

Premarital agreements involve both South Carolina family law and contract law. As such, special rules apply to drafting and executing prenups in Charleston. Working with an experienced Moncks Corner domestic relations lawyer is necessary to ensure you’ve executed a valid agreement. Generally, prenups require the following legal formalities:

Signed Writing

Oral premarital property agreements and verbal promises are not valid in South Carolina. You must put every agreed-upon term in writing, and both parties must review and sign the final document, often before your law firm’s notary.

Fairness

During divorce proceedings, family judges may invalidate ‘unconscionable’ prenuptial agreements. This means the agreement is so plainly unfair that it indicates potential duress, lack of understanding, or unequal bargaining power. It’s important to work with our Moncks Corner family attorney to ensure the agreement fairly represents the interests of both parties.

Voluntary

The family court may invalidate a prenup if it finds the contract was executed under duress or due to extreme emotional coercion. This could include situations where your partner threatens to cancel the wedding the night before or prevent you from seeing your children.

Financial Disclosure

South Carolina law (S.C. Code § 20-3-630) requires future spouses entering into antenuptial agreements to provide each other with full financial disclosures of their debts and assets. Failing to do so may be considered fraud and will likely invalidate the agreement.

Independent Lawyer

Importantly, S.C. Code § 20-3-630(A)(4) requires each party to be represented by a separate attorney during the prenup drafting and execution process. You may work with an experienced Tri-County family mediator to draft the agreement and have it reviewed by independent counsel or hire two lawyers to work out a fair agreement.

Contact Our Charleston Prenup Attorney

Whether you need independent counsel to review an antenuptial agreement or a dedicated family mediator to draft your prenup, discuss your rights with the experienced Moncks Corner prenuptial agreement lawyer at Martin Murphy Law. Call our dedicated family attorney serving the Tri-County area today at (843) 809-0232 or connect with us online.