Free South Dakota Postnuptial Agreement Template

A South Dakota postnuptial agreement is a written contract spouses sign during the marriage about their property. South Dakota law lets spouses contract about property and also offers a way to put separate property on public record. Using both tools together gives each spouse clearer proof of what they own.

Contracts Are Limited to Property

Under South Dakota law, spouses can’t change their legal relations by a contract between them, except where property is concerned. The same section lets them agree in writing to an immediate separation and provide for support during it (SDCL 25-2-13).

Separation Terms Need a Writing

For that exception, a written agreement is required, and the spouses’ mutual consent is sufficient consideration for it (SDCL 25-2-13).

A Recorded Inventory of Separate Property

A full and complete inventory of either or both spouses’ separate personal property may be made, signed under oath, and recorded with the register of deeds in the county where the spouses live (SDCL 25-2-5). Filing the inventory is notice and prima facie evidence of each spouse’s title.

It can help. Under SDCL 25-2-5, a recorded inventory is notice of each spouse’s title and prima facie evidence of it. That gives your South Dakota postnuptial agreement a public record to point to.

The inventory covers separate personal property. Either spouse or both can make and sign it, and it must be signed under oath before recording. Notably, the statute speaks of personal property, so real estate is better addressed through deeds and the agreement itself. Keep the inventory and the agreement consistent, so the same items appear in both.

Planning both documents together keeps their property descriptions consistent. Take these steps for a South Dakota postnuptial agreement:

1. Stick to property matters. Apart from separation terms, that’s the only area where the statute lets spouses change their legal relations.
2. List separate personal property. Describe each item fully.
3. Exchange financial information before signing.
4. Put the agreement in writing, and have both spouses sign it.
5. Prepare the inventory. Sign it under oath if you plan to record it.
6. Record it with the register of deeds in your county of residence.

Build the agreement around these parts:

• Property terms — ownership and management of each asset
• Separate property list — matching any recorded inventory
• Immediate separation terms — only if that’s part of the deal
• Financial snapshot — what each spouse owns and owes
• Execution block — each spouse signs and dates