Charleston Prenuptial Agreement Lawyers
While many may view prenuptial agreements as romance killers, that perception is an inaccurate and counter-productive view of how they can enhance marriages. These agreements allow prospective spouses to make financial arrangements that can provide stability and trust between partners. Additionally, they give these partners the benefit of full disclosure of each party’s assets, property, and debt prior to tying the knot.
If you need legal assistance in negotiating, drafting, finalizing, amending, or terminating a prenuptial agreement in the Lowcountry, you can turn to Seibert Law Firm. Our team of capable family law attorneys has been serving the needs of the community since 2009. We bring service-oriented representation to you in which your satisfaction is our highest priority. Our team provides hands-on person-to-person representation that you often will not find at large corporate law firms. We practice law in which personalized attention forms the foundation of our service.
What Is a Prenuptial Agreement?
Prenuptial agreements are written contracts between potential marital partners that spell out their financial intentions and arrangements should their marriage end in divorce. They are covered by the South Carolina Code of Laws Section 20-3-630 which refers to them as “antenuptial agreements.”
They allow you to plan how to divide your property, assets, and debts both during your marriage and after it has ended. These agreements must be entered into with full knowledge and disclosure of both parties’ financial matters, must be signed, and only go into effect upon marriage.
Because they cover financial arrangements, you may believe these agreements only apply to the wealthy. However, they provide protection and stability for anyone who brings assets or property into a marriage, who may have children from previous relationships whose inheritances they wish to protect, who wish to be protected from the liability of their partner’s debt, or who wish to set up financial arrangements that will provide stability during the marriage.
Should divorce happen, these agreements simplify the process and allow you to remain in control of property division arrangements instead of being subject to a judge’s ruling.
What Can Go into a Prenuptial Agreement?
Prenups can include the following matters:
- Delineate each party’s separate property/assets that will not be part of the marital estate
- Protect spousal rights in managing separate property as well as shared marital property
- Establish how assets and debts will be handled upon divorce or the death of a spouse
- Establish alimony entitlement
- Establish ownership/management of a family business
- Establish each spouse’s rights regarding gifts and inheritances
- Determine how insurance policy benefits will be handled
- How any other relevant financial matter will be handled
These agreements cannot determine child custody or child support which are issues that can only be decided during the divorce process.
To be valid, these agreements must be voluntary, fair, created in good faith, and with both parties receiving independent legal advice or review. Courts will invalidate agreements that were entered into through fraud, coercion, error, misrepresentation, or without full disclosure of assets and facts.
Get the Counsel You Need for Your Prenuptial Agreement
Our firm is here to give you the legal advice you need regarding your prenuptial agreement. Whether you need a legal review, help with the drafting of such an agreement, or have some other related issue, we can ensure you have the assistance you need in this vital matter.