How Can a Prenup Protect You in a South Carolina High-Asset Divorce?

Why Prenups Are a Smart Move for Wealthy Couples

Getting married is an emotional commitment, but it’s also a financial partnership. When one or both spouses have significant assets, a prenuptial agreement becomes more than just a legal formality. It becomes a practical tool to protect everything you’ve worked hard to build. High-asset couples in South Carolina often face complex financial situations. These may include investment portfolios, business ownership, rental properties, and inherited wealth. 

Without a clear agreement in place, dividing these assets during a divorce can become drawn out, expensive, and emotionally charged. A prenuptial agreement, or prenup, gives couples the ability to decide in advance how finances will be handled during the marriage and in the event of a divorce.

What Makes a Prenup Enforceable in South Carolina?

In South Carolina, prenups are governed by the Uniform Premarital Agreement Act (UPAA). This law outlines the basic standards a prenup must meet in order to be upheld by a court. For a prenup to be legally enforceable, it must meet all of the following conditions:

• It must be in writing and signed by both parties before the marriage.
• Each person must enter into the agreement voluntarily.
• Both parties must fully disclose their income, assets, and debts before signing.
• The agreement cannot be extremely unfair or one-sided at the time it is enforced.

It’s also important that both individuals have the opportunity to review the agreement with their own attorney. If a court believes that one party didn’t understand the agreement or was pressured to sign it, the entire contract could be thrown out. Waiting until the last minute before the wedding is also a red flag. Prenups should be signed well in advance to avoid claims of coercion or lack of time to review the terms.

What Can a Prenup Cover in a High-Asset Divorce?

A prenuptial agreement can define how assets and debts will be handled during the marriage and divided if the couple divorces. This is especially helpful for high-asset individuals who want to protect separate property or business interests. Here are several issues a prenup can address:

• Separate property: Assets owned before the marriage can be protected as separate property and excluded from marital division.
• Business ownership: The agreement can keep one spouse from claiming an interest in the other’s business, even if the business grows during the marriage.
• Real estate: Prenups can clarify who owns what property, including vacation homes, investment properties, or family land.
• Debt responsibility: Couples can decide who will be responsible for individual or shared debts.
• Spousal support: The agreement can set terms for spousal support or waive it altogether.
• Inheritance protection: Anticipated inheritances or gifts from family members can be preserved as separate property.

Prenups cannot determine child custody or child support. Those issues must be decided based on what’s best for the child at the time of the divorce. However, by resolving all financial questions in advance, a prenup can make the overall divorce process far more efficient.

Who Should Strongly Consider a Prenup?

Prenups are not just for celebrities or the ultra-wealthy. They make sense for anyone with complex assets or financial responsibilities they want to protect. You should consider a prenup if:

• You own or co-own a business
• You have investments or multiple properties
• You expect to receive a significant inheritance
• You’re entering a second or third marriage
• You have children from a previous relationship

Many professionals in Charleston, such as doctors, lawyers, and entrepreneurs, accumulate wealth quickly. A prenup can help ensure that what you’ve earned stays with you and isn't subject to drawn-out legal disputes. In blended families, prenups also help avoid confusion about what children from previous relationships are entitled to inherit.

Benefits of Creating a Prenup Before Marriage

A prenup doesn’t mean you expect your marriage to fail. It means you’re making smart, informed decisions about your finances. The benefits of a prenuptial agreement include:

• Setting clear expectations for how finances will be handled in the marriage
• Protecting individual and family assets from division
• Saving time and legal fees during a divorce
• Avoiding arguments and emotional stress if the marriage ends
• Keeping private financial information out of public court records

A prenup can also encourage honest conversations about money before marriage. This can lead to a stronger, more transparent relationship from the start.

Why Work With a Charleston-Based Attorney?

Online prenup templates often leave out critical legal protections. Every couple’s financial situation is different, and the laws in South Carolina are specific. When you work with a local attorney, your prenup will reflect:

• Your exact financial situation
• South Carolina law on asset division and spousal support
• Language that holds up in Charleston family court

At Sarji Law Firm, we draft prenuptial agreements that are thorough, fair, and enforceable. We also review existing prenups for those who are already married or approaching marriage quickly. If your finances have changed or grown since your original agreement, it may be time for an update. You can learn more about your options by speaking with one of our experienced prenuptial agreement attorneys.

Call Sarji Law Firm Today for Help Securing Your Future

If you’re engaged and thinking about your long-term financial well-being, a prenup is one of the best steps you can take. It gives you control over your assets and protects your future if things don’t go as planned. We’ll help you build an agreement that reflects your needs, your values, and your goals. If you're ready to take that step, contact us today. Let’s work together to protect what matters most to you.