Prenuptial Agreement - South Carolina

PRENUPTIAL AGREEMENT

(South Carolina)

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TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

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1. DOCUMENT HEADER

1.1 Title; Parties

This Prenuptial Agreement (this “Agreement”) is made and entered into on [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [PARTY A FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party A”); and
b. [PARTY B FULL LEGAL NAME], an individual residing at [ADDRESS] (“Party B” and, together with Party A, the “Parties,” and each, a “Party”).

1.2 Recitals

A. The Parties contemplate legal marriage to each other on or about [WEDDING DATE] in the State of South Carolina.
B. The Parties desire to establish their respective rights and obligations in property, income, and liabilities, both presently owned and hereafter acquired, and to set forth certain other matters incident to their marriage.
C. The Parties intend that this Agreement be enforceable under applicable South Carolina law, including S.C. Code Ann. § 20-3-630(A)(4) as to property excluded by written contract.
D. In consideration of the mutual promises and covenants contained herein and intending to be legally bound, the Parties agree as follows.

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2. DEFINITIONS

“Affiliate” – any entity controlling, controlled by, or under common control with a Party.
“Business Interests” – equity, debt, partnership, membership, or other ownership interests held by either Party in any business entity.
“Community Estate” – [INTENTIONALLY OMITTED – SC is an equitable-distribution state, not community-property.]
“Effective Date” – has the meaning set forth in Section 1.1.
“Marital Property” – all property classified as “marital” under S.C. Code Ann. § 20-3-630, as amended, unless expressly designated as Separate Property herein.
“Separate Property” – property identified in Exhibit A or otherwise acquired in accordance with Section 3.2 that will, notwithstanding marital law concepts, remain the sole property of the owning Party.

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3. OPERATIVE PROVISIONS

3.1 Effectiveness; Term

a. This Agreement shall become effective upon the solemnization of the Parties’ marriage (“Marriage”).
b. Unless earlier terminated pursuant to Section 5.4, this Agreement shall remain in effect for the duration of the Marriage and shall survive the death of either Party, divorce, annulment, or legal separation to the extent necessary to effect its terms.

3.2 Classification of Property

a. Separate Property: All assets listed on Exhibit A and any assets acquired thereafter solely in exchange for, or as the proceeds of, Separate Property shall remain that Party’s Separate Property.
b. Marital Property: All property not classified as Separate Property shall constitute Marital Property and be subject to equitable distribution under South Carolina law, as modified by this Agreement.

3.3 Management and Control

Each Party shall have the exclusive right to manage, control, and dispose of his or her Separate Property without the consent or joinder of the other Party.

3.4 Income from Separate Property

Income, rents, dividends, and appreciation derived from Separate Property shall remain Separate Property unless commingled with Marital Property in a manner that cannot reasonably be traced.

3.5 Debts and Liabilities

a. Pre-Marital Debts: Each Party shall remain solely liable for debts incurred prior to the Marriage and shall indemnify the other Party per Section 7.1.
b. Post-Marital Debts: Debts incurred jointly or for the benefit of the marital household shall be borne as Marital Property unless otherwise agreed in writing.

3.6 Estate Planning & Death Benefits

a. Nothing herein shall restrict either Party from effecting estate-planning instruments consistent with this Agreement.
b. Subject to the written disclosures in Schedules 1-A and 1-B and any exception in Exhibit B, each Party voluntarily waives, to the extent permitted by S.C. Code Ann. § 62-2-204, any elective share, homestead allowance, exempt-property right, or intestate-succession benefit in the Separate Property of the other Party.

3.7 Spousal Support / Alimony

[OPTION 1: Waiver] Each Party knowingly and voluntarily waives any right to receive alimony or spousal support from the other Party upon divorce or separation, to the extent enforceable under South Carolina law.
[OPTION 2: Conditional Support] The Parties agree to the spousal-support framework set forth in Exhibit C.

3.8 Post-Nuptial Amendments

Any modification to this Agreement after the Effective Date must be in a written instrument executed with the same formalities as this Agreement.

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4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other that:

4.1 Capacity. He or she is over eighteen (18) years of age, of sound mind, and under no impairment affecting capacity to contract.

4.2 Voluntariness. Execution of this Agreement is voluntary, free from fraud, duress, undue influence, or coercion.

4.3 Financial Disclosure. Before signing, each Party has provided the other full written disclosure of income, debts, and assets as required by the applicable family-court rules. The exchanged disclosures are attached as Schedule 1-A (Party A) and Schedule 1-B (Party B); each Party confirms receipt of the other's completed schedule before signing.

4.4 Separate Counsel. Party A ☐ was separately represented by counsel ☐ declined separate counsel. Party B ☐ was separately represented by counsel ☐ declined separate counsel. Each Party has had an opportunity to obtain counsel of that Party's choosing. Under S.C. Code Ann. § 20-3-630(A)(4), the statutory presumption that an antenuptial agreement is fair and equitable applies only when both Parties were separately represented, signed voluntarily, and made the required full financial disclosure; declining counsel means this presumption does not apply.

4.5 No Violation of Law. Performance of this Agreement will not violate any law, court order, or prior contractual obligation.

4.6 Survival. The representations and warranties in this Section 4 shall survive execution and continue through the term of this Agreement.

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5. COVENANTS & RESTRICTIONS

5.1 Cooperation. The Parties shall sign all documents reasonably necessary to carry out the intent of this Agreement.

5.2 Recordkeeping. Each Party shall maintain separate, contemporaneous records sufficient to trace Separate Property.

5.3 Confidentiality. The financial information exchanged under this Agreement shall remain confidential, except as required by law or court order.

5.4 Termination. This Agreement may be terminated only by a written instrument signed by both Parties (a “Termination Agreement”) or automatically upon entry of a final divorce decree that incorporates a settlement contrary to this Agreement.

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6. DEFAULT & REMEDIES

6.1 Events of Default. A Party shall be in default if he or she:
a. Fails to perform any material obligation under this Agreement and does not cure within thirty (30) days after written notice;
b. Attempts to conceal or dissipate Separate Property in violation of Section 3; or
c. Commits a material misrepresentation in the disclosure schedules.

6.2 Remedies. Upon default, the non-defaulting Party may:
a. Seek specific performance and injunctive relief in Family Court;
b. Demand indemnification pursuant to Section 7.1;
c. Recover reasonable attorneys’ fees and costs incurred in enforcement.

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7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any Losses arising out of (i) the Indemnifying Party’s pre-marital debts, (ii) breach of this Agreement, or (iii) willful misconduct or fraud.

7.2 Limitation of Liability

Except for claims arising from fraud, willful misconduct, or unpaid indemnity obligations, each Party’s aggregate liability under this Agreement shall not exceed the greater of (a) the value of his or her Separate Property or (b) $[CAP AMOUNT].

7.3 Force Majeure

Neither Party shall be liable for delays or failure to perform caused by events beyond reasonable control, provided the affected Party gives prompt notice and uses diligent efforts to resume performance.

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8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic-relations laws of the State of South Carolina, without regard to conflict-of-laws principles.

8.2 Forum Selection. Subject to Section 8.3, exclusive jurisdiction and venue for any action arising under this Agreement shall lie in the Family Court of the State of South Carolina, [COUNTY] County.

8.3 Later Arbitration Agreement.
a. Neither Party is required by this Agreement to arbitrate. After a property-classification or valuation dispute arises, the Parties may agree in a separate signed writing to submit that dispute to arbitration. Any such writing must identify the governing arbitration law and terms; if it invokes the South Carolina Uniform Arbitration Act, it must carry the first-page notice required by S.C. Code Ann. § 15-48-10(a).
b. Any resulting award may be presented to the Family Court for treatment permitted by applicable law.

8.4 Jury Waiver. The Parties acknowledge that jury trials are not available in the Family Court of South Carolina; accordingly, no jury-trial waiver is required.

8.5 Equitable Relief. Nothing herein limits a Party’s right to seek specific performance, injunctive relief, or other equitable remedies in Family Court.

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9. GENERAL PROVISIONS

9.1 Amendment; Waiver. No amendment or waiver is effective unless in a signed writing referencing this Agreement.

9.2 Assignment. Neither Party may assign or delegate rights or obligations hereunder without prior written consent of the other Party, except by testamentary disposition consistent with Section 3.6.

9.3 Severability. If any provision is held unenforceable, the remainder shall be reformed to approximate the Parties’ intent and remain in full force.

9.4 Integration. This Agreement constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior discussions or understandings.

9.5 Successors and Assigns. This Agreement binds and benefits the Parties and their respective heirs, personal representatives, and permitted assigns.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each deemed an original, together constituting one instrument. Signatures delivered electronically (e.g., PDF, DocuSign) shall be deemed originals.

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10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Prenuptial Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENTS

State of South Carolina )
County of _____________ )

On this ___ day of __________, 20__, before me, the undersigned Notary Public, personally appeared [PARTY A NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he/she executed the same for the purposes therein contained.

_______________________________
Notary Public for South Carolina
My Commission Expires: __________

[Repeat notary block for Party B]

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11. EXHIBITS & SCHEDULES

• Exhibit A – Separate Property Inventory
• Exhibit B – Testamentary Provisions (optional)
• Exhibit C – Spousal Support Framework (if elected)
• Schedule 1-A – Party A Financial Disclosure
• Schedule 1-B – Party B Financial Disclosure

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