Prenuptial Agreements Lawyers in Charleston South Carolina

Prenuptial agreements are tools used by couples to protect themselves, their assets, and their family members. While there are still misconceptions about them, more couples are aware of the benefits and transparency that come from working together on a prenuptial agreement before marriage.

Prenuptial agreement lawyers in South Carolina can help couples create a fair and enforceable agreement that supports the financial interests and rights of both parties. This can help you feel more confident in the function and strength of your agreement.

The family law attorneys at Sarji Law Firm can help you determine whether a prenuptial agreement can help you. With 25 years of experience, our team in Charleston can help you make an informed decision before helping you negotiate and draft an agreement. We know the legal requirements for creating these agreements and can help you work with your partner to reach a fair and helpful resolution.

Sarji Law Firm understands the importance of strategic yet compassionate care in any family law case, including when creating marital agreements. We can help you focus on your personal and familial interests while drafting a prenuptial agreement. Contact our firm online or at 843-722-5354 to learn more from our experienced lawyers.

Understanding Prenuptial Agreements in South Carolina

A prenuptial agreement is created by couples before they get married and becomes enforceable once they are married. The agreement can handle several issues related to property, including determining how a couple’s shared and separate assets will be divided if they divorce. 

Without a prenuptial agreement, couples must make an agreement during their divorce, when emotions are much higher. If they can’t reach an agreement, the court divides their assets based on state law. A prenuptial agreement helps couples avoid having their assets managed by the court, which may not be how they wish to divide their property. 

Prenuptial agreements can plan for divorce, but they can do more as well. The exact issues that can be covered may vary from state to state. A prenuptial agreement can also address many financial and property issues, such as:

• Listing which assets and debts are considered separate and which are considered marital, both during marriage and in the case of divorce
• Determining each spouse’s rights to and abilities with property
• Allowing specific property and heirlooms to stay in a family
• Deciding each spouse’s rights to benefits
• Providing children with protected inheritance, including children from prior relationships
• Stipulating that couples must attempt mediation in the event of divorce
• Determining spousal support, in some cases

 A prenuptial agreement can be beneficial by ensuring both parties understand what is expected of them during and after a marriage. It also helps spouses know they will be financially supported if they separate, which can make them feel more secure while married. 

What Cannot Be Included in a Prenuptial Agreement?

 Certain issues cannot be covered in a prenuptial agreement in most states. If these provisions are included, the court may either invalidate those aspects or the entire prenuptial agreement. Some of these issues include:

• Child custody and child support. In divorce and separation cases that involve children, the child’s best interests will always be considered at the time of separation. Before their marriage, parents do not know what will be best for their children during a potential divorce. The final say on what is most beneficial for the children rests with the court. Parents are not able to make those decisions in advance of separation or without court approval. Parents also cannot waive their rights to custody or support in the agreement.
• Personal issues. Family courts generally do not approve of personal wishes made provisions in a prenuptial agreement. Requirements about where to spend holidays, a spouse’s appearance, or household chores will likely not be upheld.
• Illegal provisions. Prenuptial agreements cannot address illegal issues. Earnings from an illegal business cannot be divided in an agreement, and the agreement cannot require one spouse to go along with illegal activity.
• Incentivizing divorce. If any terms promote or encourage divorce, the agreement will likely not be enforced by the court.
• Unconscionable terms. An agreement that has unfair terms or only protects the assets and financial well-being of one party will likely be considered unconscionable and won’t be enforced.

 An enforceable marital agreement follows contract law and is fair to both parties. Having lawyers for prenuptial agreements can significantly benefit both parties during discussions and help create an enforceable contract. 

Who Needs a Prenuptial Agreement in Charleston?

Many couples can benefit from creating a marital agreement. It is particularly beneficial for couples in situations where:

• One or both parties own a business and wish to protect its ownership and value in a divorce.
• One spouse has significant assets, high income, or other property they wish to protect.
• One party has significant debts for which they would like to protect their spouse from being responsible.
• One or both spouses have children from a prior marriage or relationship. They wish to protect the inheritance rights of those children, as well as the inheritance rights of any future children.
• One spouse is planning to be out of the workforce for some time to continue their education or care for children, and they wish to have that loss of income financially addressed.
• One spouse is expecting a significant inheritance.

 Prenuptial agreements are not only for couples and individuals who are very wealthy. The financial protection provided by a well-crafted prenuptial agreement can benefit anyone. If you are unsure whether a marital agreement can benefit you, it can be helpful to talk with prenuptial agreements lawyers. They can help you review your family’s unique circumstances and explain the potential benefits of crafting a marital agreement. 

Do You Need a Prenuptial Agreement Attorney in Charleston? 

It can be tempting to draft a prenuptial agreement without an attorney to save costs, but creating your own agreement is likely to waste your time and money.

Without legal support, the agreement is much less likely to be enforceable in court. Couples may have spent time creating a useless agreement. In this case, they will have to take the time to negotiate property division during divorce. This can be expensive, particularly if the case enters litigation. One spouse may even directly challenge a prenuptial agreement to avoid following it. This tactic is less likely to succeed when you work with a lawyer.

An attorney can ensure that your agreement only addresses topics permitted in the state and that it meets the state’s laws for enforceability. Even when both parties are working together in good faith and with good intentions, a prenuptial agreement could still involve unfair aspects. Couples can work with their own attorneys throughout negotiations to ensure the agreement is fair for both parties.

The agreement could also be too vague to be useful. Attorneys can review the contract and help you avoid these errors.

Does a Marital Agreement Mean You Are Getting Divorced? 

A misconception about prenuptial agreements suggests couples are already planning for a divorce. Marital agreements do not lead to divorce, however, but simply plan for an unexpected outcome. There are many ways that discussions about finances can make a marriage stronger, limiting the likelihood of a divorce. Many marriages end in divorce, regardless of spouses’ feelings when they first wed. A prenuptial agreement allows couples to plan ahead and limit the negative consequences of a divorce on their life. 

What Are the Benefits of a Prenuptial Agreement?

 There are many benefits to a well-made prenuptial agreement. These include:

• Limiting the stress and cost of divorce. Divorce is well-known to be an expensive and lengthy process. The division of assets and debts is a part of nearly every divorce, and it can take significant time to negotiate, agree on, and finalize an arrangement with the court. By creating a marital agreement, couples can have property division addressed ahead of time, enabling them to resolve the entire divorce more efficiently. Because it will help couples avoid litigation or lengthy mediation, this also saves them a considerable amount of money. It can also reduce conflicts and help spouses part more amicably.
• Protecting each spouse’s assets. A prenuptial agreement helps both spouses protect their existing wealth during marriage and in the case of divorce. This can help avoid the unfair use of separate assets, the dissipation of assets, and other types of misconduct. It can protect assets for one side of a family or for children’s inheritance. In addition, it can address what events can alter asset protection and each spouse’s rights to their property.
• Documenting separate and marital assets and debts. State laws differ on what is considered separate and marital property during marriage and in the event of divorce. A prenuptial agreement enables spouses to make those determinations for themselves. This also allows them to clarify the rights and responsibilities of each spouse to specific assets.
• Cataloging important assets and debts. A marital agreement is a written record of resolutions you and your spouse have reached. These determinations can be referred to throughout your marriage to help resolve any disagreements about finances. This can limit conflict in a marriage.
• Protecting one spouse from the other’s debt. When one spouse enters a marriage with significant debt, such as student loans or credit card debts, a marital agreement can prevent their spouse from being held financially responsible for that debt.

These benefits are only available when the prenuptial agreement is fair and discussed between both spouses. Although it may seem unromantic to create a premarital agreement, it can help spouses remain on the same page and have honest discussions about their financial concerns. These open discussions can set a strong foundation for a relationship, potentially making a marriage stronger.

Making an Enforceable Prenuptial Agreement in South Carolina

 South Carolina prenuptial agreements must typically follow basic contract law and be considered fair by the court. An attorney can ensure your contract meets both of these requirements.

 Marital agreements may be unenforceable in the following situations:

1. One party was coerced to sign the agreement under duress or the threat of force.
2. The agreement was not made in good faith.
3. Fraud or misrepresentation was used to get one spouse to sign.
4. One or both parties did not provide a full disclosure of their income, assets, and debts.
5. The agreement is unreasonably unfair to one party, putting them in financial hardship or only protecting one spouse’s assets.

 Hiding assets, unfair requirements, and other issues with these contracts can render them unenforceable. Bringing a marital agreement to your partner just before getting married can be construed as duress, as they do not have sufficient time to review and consider the agreement before signing. Your attorney can help you avoid these issues.

 A prenuptial agreement is presumptively fair and equitable when it is made voluntarily, both parties provide full financial disclosure, and each party is represented by counsel.

Contact Prenuptial Agreement Lawyers in South Carolina Today

A prenuptial agreement can allow you some financial certainty as you enter into a new and exciting chapter of your life. You can have important discussions with your partner and ensure both your financial worries are addressed proactively. You can also protect your and your family’s financial interests and assets.

Ensuring your agreement is valid and legally enforceable is a crucial aspect of this process. At Sarji Law Firm, our team can provide you with the legal support you need. A family law attorney from our firm can take the time to understand your and your family’s unique circumstances. Then, we can help you draft and negotiate this agreement or review an agreement that you and your partner have created.

 Our talented team knows how to balance the creative solutions and complex discussions required in family court with providing understanding support for clients. We can help you protect your future while maintaining beneficial and collaborative discussions with your partner.

 Sarji Law Firm can help you create your marital agreement in Charleston. Contact our firm online or at 843-722-5354 to schedule a strategy session with our team.