Prenuptial and Postnuptial Agreements

In South Carolina, with a few exceptions, property acquired during the marriage is deemed marital property.  Marital property is subject to equitable division by the Court.  However, parties can and often do enter into agreements affecting the characterization of property prior to marriage or even after marriage. These agreements are generally referred to as prenuptial or postnuptial agreements, depending on the date of their execution. Generally the purpose of these agreements is to ensure certain property which would otherwise be characterized as marital, remains a spouse’s separate property. This distinction is important because it means the property is not subject to equitable distribution. Thus, prenuptial or postnuptial agreements serve to preserve certain assets by precluding them from division by the court if either party ever seeks to dissolve the marriage.

Provided the prenuptial or postnuptial agreement is drafted properly, the court is required to recognize the agreement and enforce its terms. Complexities arise however, when one spouse challenges the validity of a pre- or postnuptial agreement. Having an experienced attorney represent you in drafting a prenuptial or postnuptial agreement is an important part of the process in ensuring the agreement withstands challenges to its enforceability at a later date.

Contact Mason Legal Services, LLC to secure the services of an attorney that is experienced and knowledgeable in drafting pre and postnuptial agreements along with the issues that may affect their enforceability.