Talking about property and support may feel uncomfortable when you are planning a wedding—or building a life together. But a thoughtful financial agreement can help couples clarify expectations and reduce uncertainty.

A prenuptial agreement is signed before marriage. A postnuptial agreement is signed afterward. These agreements can address important financial rights, but signing a document does not guarantee that every provision will be enforced.

What can a marital agreement address?

South Carolina law allows spouses to exclude property from division through a valid written contract. Prenuptial agreements can also limit or waive alimony, subject to judicial review.

Under S.C. Code § 20-3-630(A)(4), a prenuptial agreement receives a presumption of fairness when it is signed voluntarily, both people have separate attorneys, and they fully disclose their income, debts, and assets. DOMESTIC RELATIONS

Before giving up rights, understand what South Carolina law would otherwise provide. Settlyd’s article on equitable division and each spouse’s contributions offers helpful background.

Three questions courts ask about a prenup

In Hardee v. Hardee, the South Carolina Supreme Court adopted three questions for evaluating enforcement:

1. Was the agreement obtained fairly?
Fraud, pressure amounting to duress, mistakes, misleading statements, or withheld material information can undermine an agreement.

2. Is the agreement unconscionable?
This involves both a lack of meaningful choice and exceptionally oppressive terms. An unequal outcome alone does not answer the question.

3. Have circumstances changed enough to make enforcement unfair and unreasonable?
Courts examine what changed after signing and what was foreseeable beforehand. sccourts.org

What does Hardee teach about health changes?

In Hardee, the agreement identified the wife’s serious health conditions. The court upheld her support waiver despite her later disability, reasoning that deterioration was foreseeable when she signed.

The lesson is not that illness never matters. Document existing concerns and discuss how the agreement should address disability, caregiving, or an extended absence from work. The result depends on the facts. sccourts.org

What if you are already married?

Postnuptial property agreements can have legal effect in South Carolina. In Bailey v. Bailey, the Court of Appeals recognized the contractual significance of an agreement signed after marriage.

However, Hardee concerned a prenup. Do not assume every postnuptial provision will receive identical treatment. Have your attorney evaluate the agreement’s purpose, terms, execution, and enforcement requirements. app.midpage.ai

Prepare carefully before signing

Give yourselves time to negotiate and obtain advice. Each person should have an independent attorney and understand the rights being changed.

Prepare complete written financial disclosures with supporting records. Settlyd’s Financial Declaration checklist provides useful organization tips, while our guide to organizing financial information explains how legal teams can review the financial picture.

Ask practical questions: What happens if one spouse stops working to raise children? How will future savings or business growth be treated? What would an alimony waiver mean for either person?

A useful agreement begins with informed decisions, honest disclosure, and clear language—not simply signatures.