Prenuptial Agreement South Carolina

Agreements signed in which the two spouses did not have all the facts may be refused. Under South Carolina law, both future spouses must make a specific financial disclosure before entering into a marriage pact. While spouses do not establish an agreement that dictates how each aspect of their financial life is treated in the event of a divorce, both parties have the right to know what they get financially before signing a prenupe. If, subsequently, a spouse finds that the other spouse`s finances were significantly different after the couple`s marriage (either for better or for worse), a spouse may argue that he or she was deceived by the incomplete information provided by the other spouse, and perhaps end the agreement. Another advantage of these agreements is that they can be amended by the parties if necessary. To do so, the parties must only discuss the changes they wish to make to the agreement and then sign a document containing all the amendments. We found some of Hudson`s facts very important. Initially, the woman was represented by a lawyer who was dismissed by the husband, who was a close friend of the man and who was not charged for his services. Second, the woman stated that she had not read the agreement until she had signed it and that she had doubts about it.

Third, the woman signed the contract two weeks before the wedding and she sold her car and resigned. In fact, she testified that she signed the agreement, whether it was fair or not, because it was “compulsive.” Finally, an expert witness who examined the woman stated that she would have been devastated to move away from the marriage when the agreement was submitted to her, and that she was unable to understand the agreement in the short time she spent with her lawyer. With regard to the content of the matrimonial agreement, these are the typical issues that can and can be addressed: complete financial information from both ex-spouses is necessary for a marriage agreement to be valid. I hate the development of marital agreements because they are considered abusive traps. However, there are clear procedural and substantive issues that may increase the likelihood that a marriage agreement will be applicable. Child custody and child welfare are a crucial area in which a marriage agreement will not repeal state laws in South Carolina. In some cases, the parties may have included in the contract provisions that determine who the children will live with and the amount of financial assistance that an ex-spouse receives to care for them in the event of a divorce. The judge does not respect these rules and will apply custody and state support laws to resolve the case. However, this process will not invalidate the rest of the agreement.

No one wants to know if their marital arrangement will hold up in court. However, if you have had the foresight to enter into a marriage contract with a future spouse, or if you are currently under consideration, it is best to know how to approach it in a way that guarantees its applicability when you are in family litigation.

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