Attorney at Law

Prenuptial Agreements

Prenuptial Agreements in South Carolina

 

"The Prenup"

Over the course of my 16 years as a divorce and family law attorney I have seen my share of prenuptial and postnuptial agreements. As your family law attorney, I will aggressively challenge unfair "prenups". I will also vigorously defend legitimate prenuptial agreements where the parties have clearly agreed to all terms and those terms are fair and equitable to both parties.

A prenuptial agreement is a contract entered into prior to marriage by you and your intended spouse. A well written prenuptial agreement includes provisions that specifically detail how the parties wish to handle real property, inheritances, debts, medical coverage and spousal support. Additionally, a well written prenup can set forth the division of marital expenses during your marriage. A well drafted prenup may even help prevent a divorce, as they provide a sense of security for you and your spouse. When divorce is inevitable, a prenup will streamline the divorce process, which means it will cost you both less money. Alternatively, a postnuptial agreement can be entered into after the marriage begins. Either way you should have an experienced family law and divorce attorney prepare your agreement to ensure your agreement holds up in court if it is challenged later down the road by your spouse.

One of the key reasons parties enter into prenuptial agreements is to protect seperate property owned by one party prior to the marriage, then brought into the marriage. Some of the online form-fillable prenups simply do not adequately protect your interests. Other considerations in drafting a prenuptial agreement might include tax provisions, division of property that comes into the marriage during the marriage, and how to divide that property if the marriage fails. Prenuptial agreements in South Carolina are regulated by statutes and rules, and if you don’t follow the rules, your agreement will not be approved by a family court in South Carolina. 

Contact an Experienced Charleston Divorce Attorney

If you need help with a prenuptial or postnuptial agreement in the Charleston, South Carolina area call Ingrid H. Rudolph, an experienced divorce lawyer at (843) 814-4215 or submit your info through this contact form to set up an initial consultation.