Free South Carolina Prenuptial Agreement Template

A South Carolina prenuptial agreement, called an antenuptial agreement in state law, is a written contract future spouses make before marriage. The state’s divorce property statute gives well-made agreements a presumption of fairness.

Its central provision is S.C. Code § 20-3-630, which defines marital and nonmarital property.

Nonmarital Property by Contract

Under § 20-3-630(A)(4), property excluded by a written contract of the parties is nonmarital. The statute says “written contract” includes an antenuptial agreement.

Growth in Nonmarital Property

Under § 20-3-630(A)(5), an increase in value of nonmarital property also stays nonmarital. The exception is growth that came directly or indirectly from the other spouse’s efforts during the marriage, to that extent.

Limits on the Court

Section 20-3-630(B) says the family court has no authority to divide nonmarital property. By contrast, gifts between spouses count as marital property, even when made indirectly through a third party.

Title Doesn’t Decide

Otherwise, the statute treats property the couple acquires during the marriage, and still owns when litigation begins, as marital. How the couple holds title doesn’t change that.

For that reason, a written agreement is a direct way for couples to keep specific assets out of the marital estate.

Three conditions. Under § 20-3-630(A)(4), a court must treat an antenuptial agreement as presumptively fair and equitable when:

• Both partners signed voluntarily
• Each partner had a separate lawyer
• The partners exchanged the full financial disclosure that family court rules require for income, debts, and assets

Notably, the statute ties disclosure to family court rules. So ask your lawyers which financial forms fit that standard.

As a result, a South Carolina prenuptial agreement that meets all three conditions starts with that presumption in its favor. Meanwhile, the statute doesn’t say what happens to an agreement that misses one, which is another reason to meet all three.

1. First, hire separate lawyers. The presumption depends on separate representation.
2. Prepare family-court-style disclosure. Cover income, debts, and assets.
3. Swap the disclosures early. Allow a real review period before signing day.
4. Then sign voluntarily. Avoid any last-minute pressure.
5. Finally, keep the disclosures with the agreement. Store them together.

A South Carolina prenuptial agreement typically covers:

• Assets each partner excludes from the marital estate
• How to treat growth in nonmarital property
• Treatment of gifts between spouses
• Support and estate terms
• Each partner’s financial disclosure
• Signatures from both partners and a note of each lawyer’s role