Finally, agreements contrary to South Carolina`s public policies have no place in a pre-marriage agreement. If they exist in a premarital contract, they are not confirmed as enforceable. We found some of Hudson`s facts very important. Initially, the woman was represented by a lawyer who was dismissed by the husband, who was a close friend of the man and who was not charged for his services. Second, the woman stated that she had not read the agreement until she had signed it and that she had doubts about it. Third, the woman signed the contract two weeks before the wedding and she sold her car and resigned. In fact, she testified that she signed the agreement, whether it was fair or not, because it was “compulsive.” Finally, an expert witness who examined the woman stated that she would have been devastated to move away from the marriage when the agreement was submitted to her, and that she was unable to understand the agreement in the short time she spent with her lawyer. Before revoking or amending your pre-marital contract, it is a good idea for each party to consult an experienced family law lawyer to verify the changes as proposed. Lawyers are required to commit on your behalf. If the amendments are not in your favour, your lawyer will be able to identify these problems. Your lawyer may try to negotiate changes with your spouse`s lawyer to ensure a fair and acceptable solution to the proposed amendments. A pre-marriage agreement in South Carolina is a contract between two potential spouses that clarifies the division of property, property and debts during marriage and in the event of divorce or death.
For this type of agreement to be valid, there must be a legal marriage or a civil union. In the absence of a marital agreement, the court will decide what will happen to the couple`s property. With a prenupe on site, the couple will be able to maintain control of their respective assets and distribute the marital property fairly (property acquired during the marriage). In general, there are eight different categories of things that are usually covered by pre-marriage agreements, as described below: don`t sign anything or make decisions until your lawyer has verified your fiance`s agreement and financial disclosure and informed you privately of its consequences. Your fiancé protects him or yourself, so make sure you`re protected. In many cases, prenup is not a “Take it or let it do.” Maybe your lawyer can negotiate terms to make sure you don`t stay high and dry in the event of a divorce. I hate the development of marital agreements because they are considered abusive traps. However, there are clear procedural and substantive issues that may increase the likelihood that a marriage agreement will be applicable. For the marriage to be enforceable, there must be appropriate financial disclosure to the other party. Don`t hide assets. This could allow your spouse to argue that he or she was not fully informed at the time of the agreement.