In South Carolina, prenuptial agreements are enforceable, generally. In considering whether a prenuptial agreement is enforceable, the family courts consider (i) whether the agreement was obtained through fraud, duress, misrepresentation or nondisclosure of material facts; (ii) is the agreement unconscionable (i.e. one-sided); and (iii) have the circumstances changed since the agreement was executed so as to make enforcement unreasonable.
Are you trying to protect your assets before a marriage? You need a lawyer with experience to draft a prenuptial agreement. You need to adequately disclose your finances to the other party. If you do not, you risk an argument later on if you try to enforce the agreement that there was misrepresentation or nondisclosure of material facts.
Are you Being Asked to Sign a Prenuptial Agreement? Make sure you hire a lawyer. A lawyer can potentially negotiate the terms of the agreement so that they are more favorable to you. Make sure both you and your lawyer have had full and adequate financial disclosure.
Please note that child custody and child support cannot be dealt with in a prenuptial agreement.
If you need an experienced attorney to draft and/or review a prenuptial agreement, call the attorneys at Grand Strand Law Group.