Fort Mill Prenuptial & Postnuptial Lawyer
Entering into a pre or postnuptial agreement doesn’t mean you or your fiancé believe you will get a divorce. It is simply a smart way to protect your rights when combining your income, assets, and property with another person. Premarital agreements can help you feel safe, confident, and more satisfied with your relationship and can even help prevent divorce. If you need a Fort Mill prenuptial or postnuptial lawyer’s help with your agreements, contact David W. Martin Attorney at Law, LLC.
Marital Agreements in South Carolina
A prenuptial agreement is a contract that both spouses enter into prior to marriage. It will generally settle matters such as property division in the event of a divorce or the death of one spouse. Prenuptial agreements are most common in relationships where one or both spouses are entering the marriage with significant premarital assets. Both spouses must sign a prenuptial agreement for it to be valid in court. Prenuptial agreements will only become legal contracts if the marriage takes place. If the couple doesn’t marry, the contract is moot.
Prenuptial agreements can help a spouse protect his/her assets, preserve the inheritance of a child, and ensure an easier divorce process. A prenup can save a lot of money and headache in the event of a divorce. A postnuptial agreement is the same as a prenuptial agreement in every way, except that the couple creates it after marriage instead of before. Postnuptial agreements also decide property division in the event of death or divorce.
A postnuptial agreement might be right for you if you and your spouse did not have time to create a prenuptial agreement before getting married. It’s also a good idea if you think sitting down and sorting out a prenuptial agreement could delay or even cancel the wedding. There is no timeline by which you must sign a postnuptial agreement. Couples that have been together for decades can decide to create one if the need arises (e.g., if one person receives a large inheritance).
How to Avoid Issues With Your Pre- or Postnuptial Agreement
Many states have adopted the Uniform Prenuptial Agreement Act, which sets guidelines for all prenuptial agreements. South Carolina, however, does not abide by this act. Instead, statutory rules and specific case laws decide the legality of pre- and postnuptial agreements. A few basic rules apply to creating these contracts. They must be reasonably fair, each spouse must sign the agreement (voluntarily), each spouse must give full disclosure and give the other an accurate picture of finances, and the agreement’s terms must not encourage divorce.
A pre or postnuptial agreement can help facilitate a smoother, easier divorce. They can do the exact opposite, however, if done incorrectly. Failing to get your agreement in writing, for example, is a cardinal mistake that could invalidate the contract. Agreeing to an unfair contract can also result in its invalidation. For example, if your spouse wasn’t honest about his or her assets when you created the agreement, it might not hold up in court. A prenuptial & postnuptial lawyer can help you create a pre or postnuptial agreement the right way, the very first time.
David W. Martin has years of experience drafting and finalizing pre- and postnuptial agreements in South Carolina. Our Fort Mill family law attorney can sit down with you and your spouse to work out the ideal agreement before or after your marriage. Contact us today for your initial consultation. Call us at (803) 577-5590 for more information.