Bill > H4800

This bill establishes a comprehensive legal framework for prenuptial and postnuptial agreements in South Carolina by granting the family court the authority to review and approve such agreements. Under the proposed law, these agreements must meet specific criteria, including being signed by both parties and their separate legal counsel, providing adequate financial disclosures at least 30 days before marriage or agreement, ensuring both parties are mentally competent and not under duress, and being fundamentally fair and equitable. If a court approves an agreement after confirming these conditions, there will be a rebuttable presumption that the agreement is valid and enforceable. To challenge such an agreement, a party must provide clear and convincing evidence of invalidity, and any hearing to challenge the agreement must be conducted separately from divorce proceedings. The bill defines prenuptial agreements as contracts made before marriage that modify marital rights, and postnuptial agreements as contracts between spouses created after marriage to manage assets and responsibilities. Importantly, the law does not invalidate prenuptial or postnuptial agreements entered into before its effective date, and it will take effect upon the Governor's approval.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4800&session=126&summary=B