Free South Carolina Postnuptial Agreement Template

A South Carolina postnuptial agreement is a written contract spouses sign during the marriage about their property. South Carolina’s marital property statute lets a written contract between the spouses exclude property from division.

Written Contracts Can Exclude Property

Nonmarital property includes property excluded by written contract of the parties (S.C. Code § 20-3-630(A)(4)). Marital property, by contrast, is property acquired during the marriage and owned when litigation starts, regardless of title (§ 20-3-630(A)).

The Fairness Presumption Names Antenuptial Agreements

The statute says a written contract includes an antenuptial agreement. That agreement is presumptively fair and equitable if voluntarily signed with each party separately represented by counsel and after full financial disclosure (§ 20-3-630(A)(4)). Notably, the presumption is written for antenuptial agreements, and the statute doesn’t extend it to postnups by name.

A Settlement Agreement Can Stop Accumulation

Property acquired after the earliest of several events is nonmarital. One event is the formal signing of a written property or marital settlement agreement. Others include a pendente lite order or a permanent separate maintenance order (§ 20-3-630(A)(2)).

Gifts Between Spouses Are Marital

Gifts from anyone other than the spouse are nonmarital (§ 20-3-630(A)(1)). However, gifts from one spouse to the other, including those made indirectly through a third party, are marital property subject to division (§ 20-3-630).

Possibly. House Bill 3075, introduced in January 2025, would amend § 20-3-630 to say a written contract includes a postnuptial agreement approved by the family court on a petition other than a divorce petition. The Legislature’s bill page lists it as referred to the House Judiciary Committee.

Until it’s passed and signed, the bill isn’t law. Even so, check its status before you rely on a South Carolina postnuptial agreement, since court approval could become part of the process.

Because the rules may change, plan carefully. Take these steps for a South Carolina postnuptial agreement:

1. List property to exclude. Describe each asset the contract keeps nonmarital.
2. Flag spousal gifts. Note any gift between spouses you want treated as separate.
3. Retain separate counsel. It’s what the statute’s fairness presumption looks for in antenuptial agreements.
4. Make full financial disclosure of income, debts, and assets.
5. Sign the written contract. Both spouses sign voluntarily.
6. Check for new law. Confirm whether court approval has become required.

For clarity, make sure the contract includes:

• Excluded property — each asset, described precisely
• Spousal gift terms — any gifts you both want kept separate
• Representation details — the lawyer each spouse retained
• Financial disclosure — income, debts, and assets
• Signatures — each spouse, dated