South Carolina Prenuptial Agreements Lawyer

Entering a marriage is a time of great possibility. You and the love of your life are planning your futures together, dreaming of future adventures, and thinking about what you want life to look like. And then someone broaches the topic of a prenuptial agreement, bringing everything to a screeching halt.

While prenuptial agreements are often viewed as something detrimental to a couple and their future marriage, they can actually help both parties enter the marriage knowing exactly what is expected of them and what will happen if future plans go awry. A prenuptial agreement doesn’t have to drag down the joy of wedding planning. With the right legal team, it can be simply another item to check off on your to-do list.

Interested in either drafting a prenuptial agreement or getting an agreement checked out before you sign? Set up a time to talk to Nowell Law Firm. Just give us a call at 864-469-2481.

When You Need a Prenuptial Agreement

One common misconception is that you only need a prenuptial agreement if you have a substantial amount of assets. The fact is that there are many situations that may call for a prenuptial agreement, including:

• One partner having children from a previous relationship or marriage
• One partner having their own real estate
• Significant income disparities
• Valuable employment benefits like stock options and profit sharing
• Ownership of a family or individual business
• Substantial savings from prior to the marriage
• One partner returning to school in order to further their career
• One partner owning or expecting to come into a large inheritance
• A relationship where both parties have a portfolio of assets they want to protect

Does a Prenuptial Agreement Mean You’re Planning for Divorce?

Another common misconception is that getting a prenup means that your marriage is doomed. After all, if you’re already planning for a possible divorce, how strong can your relationship be?

It’s clear that this is simply not true when you look at marriage statistics. No one gets married expecting to divorce, and yet that ends up being the case for nearly half of all marriages—although divorce rates are trending downwards. There is no way to predict the future or know what challenges your marriage could face down the road, but should something unexpected happen, you’d feel much better knowing that your assets were safe.

Buying car insurance that could fully pay for any property damage and bodily harm you could cause doesn’t mean that you’re planning on causing a car crash. It means that you are making wise choices that protect you in the rare event that things do not go according to plan. You wouldn’t advise someone to stop buying car insurance because they were giving themselves the option to cause an accident—in the same way, arranging a prenuptial agreement is not giving yourself the option of divorce.

Benefits of a Prenuptial Agreement

Prenups offer a variety of benefits to both parties, including:

• Smooth distribution of property should a marriage end in divorce
• Protection of separate assets, minimizing the amount of time spent on asset division if a marriage ends
• Ensures that both parties are responsible for their own debts
• Clear documentation of marital and non-marital debts and assets
• Protection of assets should your spouse engage in infidelity or other types of unforgivable behavior
• Limiting conflicts during the marriage since major financial issues are already discussed
• Clear expectations regarding spousal support
• Protection of family businesses or business interests owned prior to a marriage
• Protection of assets intended for one party’s children from a prior relationship

What You Cannot Include in a Prenuptial Agreement

While a prenuptial agreement can include a wide range of conditions and terms, there are a few things that you cannot put into this type of agreement. They include:

• Child custody and support: Child custody and support are issues that relate to the rights of a child, not the rights of either parent. Because of this, parents cannot waive another person’s rights in a contract. These issues are based on what is in the best interest of the child in question.
• Anything illegal: Contracts cannot require anything illegal of either party.
• Anything coerced: Both parties must enter the agreement willingly, not under duress or as the result of coercion. Similarly, both parties must be fully informed as to the other party’s assets and debts.
• Anything that promotes divorce: Prenuptial agreements that encourage divorce may not be upheld in court.
• Blatantly unfair terms: As is the case with any other contract, both parties’ rights and best interests must be represented. Any contract that completely benefits one side while offering nothing to the other side may not be enforceable.

How We Can Help

Everything you include in your prenuptial agreement could end up being an important part of your future, so you want to make sure that it is complete and legally enforceable. Although prenuptial agreements do not have to be notarized or otherwise verified by another party, it is still in your best interest to connect with a South Carolina prenuptial agreement attorney before you draft or sign anything.

Someone without any legal background or knowledge is at risk of including unenforceable terms, signing away more than they intend, or writing a contract that is too vague to be enforced.

You may be in a few different positions when you come to us. First, you may be requesting a prenuptial agreement with your future spouse. We can help you draft it, review it for completeness and fairness, and ensure that it will stand in court if necessary.

Second, your partner may be drafting a prenuptial agreement. We’ll represent you by thoroughly reviewing the terms of the contract and ensuring that it is fair to you in every way possible.

Finally, you and your partner may have made the mutual decision to sign a prenuptial agreement. In this situation, it’s ideal for both parties to have their own representation that can guide them through the process. We’ll work with you every step of the way.

Explore Your Options with Nowell Law Firm

A strong prenuptial agreement can create s strong foundation for mutual understanding in your marriage. Let us help you get there. Schedule your consultation now by calling us at 864-469-2481 or contacting us via our contact form.