What Should You Include in Your South Carolina Prenup?

A prenuptial agreement is not just for the ultra-wealthy or celebrities. More couples in South Carolina are choosing to create prenups as a way to enter marriage with clear expectations, financial boundaries, and long-term security. Whether you own a business, expect a future inheritance, or simply want to avoid confusion about money in case of divorce, a well-crafted prenup can offer protection and peace of mind.

At Sarji Law Firm, we work with clients in Charleston and across the Lowcountry to create customized prenuptial agreements that reflect their unique financial picture, lifestyle, and future goals. While no one plans for a marriage to end, preparing for the unexpected is one of the most responsible decisions you can make before tying the knot.

Essential Clauses to Consider in Your South Carolina Prenup

South Carolina law allows engaged couples to enter into a written agreement outlining how certain financial matters will be handled during the marriage and in the event of divorce. While every prenup should be tailored to your specific situation, some provisions are commonly included to ensure clarity and protection.

Here are the key items you should consider:

• Property Classification: Define what assets will remain separate and what will become marital property. This is particularly important for those who own real estate, investment accounts, or family heirlooms.
• Debt Responsibility: Clarify who will be responsible for premarital debts and how debts incurred during the marriage will be handled.
• Spousal Support (Alimony): Determine whether alimony will be waived, limited, or guaranteed under certain conditions. This can be useful for high-income earners or situations where one spouse plans to pause their career to raise a family.
• Business Interests: If one or both spouses owns a business, the prenup can protect that business from being divided or controlled by the other party in a divorce.
• Real Estate Ownership: Specify ownership of properties owned prior to the marriage and establish how any jointly acquired property will be handled later.
• Inheritance and Trust Assets: Clarify how future inheritances or trust distributions will be treated—especially relevant for those expecting to receive generational wealth or substantial gifts from family members.

Each of these elements can be modified based on the couple’s preferences. The goal is to eliminate ambiguity and reduce the risk of expensive, emotionally charged disputes later on.

What You Can’t Include in a South Carolina Prenup

While prenups are powerful legal tools, there are limits to what they can include. South Carolina courts will not enforce provisions that are against public policy or that attempt to control matters better left to the courts.

You should avoid including the following in your prenup:

• Child Custody and Child Support: These decisions must be made based on the child’s best interests at the time of separation—not predetermined by a prenup.
• Personal Obligations: Agreements about who does the dishes, spends holidays where, or how many children to have are not legally enforceable.
• Penalties for Marital Misconduct: While South Carolina allows fault-based divorce, attempting to impose financial penalties for infidelity or abuse within a prenup will likely be rejected by a judge.

Including unenforceable terms could undermine the integrity of the agreement and possibly lead to the entire document being questioned in court. A focused and legally sound prenup is always the better strategy.

Tailoring a Prenup to Your Situation

No two marriages or financial situations are alike. For couples bringing significant assets into a marriage, a prenup can serve as both a protective measure and a conversation starter about long-term planning. But even couples without substantial wealth may benefit from defining financial expectations in advance.

Here are a few real-world examples where a prenup can be particularly valuable:

• One partner owns a business and wants to shield it from potential division in the event of divorce
• One or both parties have children from a prior relationship and want to protect those children’s future inheritance
• A couple plans to acquire real estate during the marriage and wishes to define how equity will be shared or divided
• There is a significant income disparity between partners, and one wants to limit future spousal support obligations

With the right legal guidance, a prenup can be crafted to reflect both parties' values while preserving fairness and flexibility. It’s not about control—it’s about clarity and preparation.

Legal Requirements for a Valid Prenup in South Carolina

For your prenuptial agreement to hold up in court, South Carolina requires that several conditions be met:

• The agreement must be written and signed by both parties
• Each party must enter into the agreement voluntarily, without coercion or undue pressure
• There must be full and fair disclosure of each party’s assets and debts at the time of signing
• The agreement must be executed before the marriage takes place
• Its terms must not be grossly unfair or unconscionable when reviewed at the time of divorce

Failing to meet any of these conditions can jeopardize the enforceability of your prenup. That’s why it's essential to have the agreement drafted by an attorney who understands South Carolina’s legal standards and family court practices.

Start Marriage With Confidence and Clarity

A prenuptial agreement doesn’t predict divorce; it protects both spouses from uncertainty. It allows couples to begin their marriage with a sense of transparency, mutual understanding, and legal clarity. Whether you’re protecting a growing business, entering marriage for the second time, or simply want to reduce financial conflict, a prenup can offer long-term peace of mind.

At Sarji Law Firm, we help Charleston couples prepare prenuptial agreements that are respectful, thorough, and enforceable. We take time to understand your unique situation and goals so we can create a document that reflects your shared values and individual priorities.

Our prenuptial agreement attorneys will walk you through the legal process, explain your rights, and ensure everything is in place before your wedding day.

Contact us today to schedule a private consultation. We’re ready to help you take this important step toward a secure and informed future together.