Prenuptial Agreement - South Dakota

PREMARITAL AGREEMENT

This Premarital Agreement ("Agreement") is made on [__/__/____] by [PARTY A FULL LEGAL NAME] ("Party A") and [PARTY B FULL LEGAL NAME] ("Party B"), who intend to marry on or about [__/__/____]. It is made in contemplation of marriage and becomes effective upon marriage under SDCL §§ 25-2-16 and 25-2-19.

Party A address: [________________________________]

Party B address: [________________________________]

The parties have reviewed and attached their financial disclosures in Schedules A and B. They intend the selected terms below to govern their respective property rights to the extent permitted by South Dakota law.

1. Property definitions and disclosure

Party A's separate property consists of the property and interests listed in Schedule A and later property acquired solely in Party A's name that the parties specifically identify here: [________________________________].

Party B's separate property consists of the property and interests listed in Schedule B and later property acquired solely in Party B's name that the parties specifically identify here: [________________________________].

Joint property consists of property the parties acquire in both names or expressly designate in a signed writing as joint property. The parties will record the ownership shares or allocation method for each joint asset in Schedule C.

Income, appreciation, proceeds, replacements, gifts, and inheritances will be classified as follows: [________________________________]. If an item cannot be classified from the schedules and this paragraph, the parties will identify it by later signed writing or leave its treatment to applicable law.

Each party represents that the attached schedule fairly and reasonably discloses that party's property and financial obligations as of [__/__/____]. Each will promptly give the other a written update for a material change before signing or marriage. No party is asked to waive additional financial disclosure in this form. The parties acknowledge that voluntariness and disclosure affect enforceability under SDCL § 25-2-21.

2. Management during marriage

Each party may manage and use that party's separate property, subject to an existing obligation, lien, or controlling law. Joint property will be managed by [BOTH PARTIES / SPECIFIED METHOD]. For a sale, gift, loan secured by, or other disposition of joint property worth more than $[________], the parties agree to obtain both parties' written consent.

Property titled in one party's name but paid for by both parties will be treated as follows: [________________________________]. A change in title or designation should be recorded in a signed writing identifying the asset and intended ownership.

3. Debts

Party A's premarital debts are listed in Schedule A; Party B's premarital debts are listed in Schedule B. Between the parties, each will pay the debts assigned to that party in those schedules. Debts incurred during marriage will be allocated as follows: [________________________________]. This allocation does not change a creditor's rights without the creditor's agreement.

4. Separation or dissolution

If the parties separate or their marriage dissolves, each will retain the separate property assigned above, and joint property will be divided under the method selected in Schedule C: [________________________________]. Any equalization payment will be determined as follows: [________________________________]. The parties will execute documents reasonably needed to carry out a division accepted by the court.

Spousal support: This Agreement does not waive or predetermine spousal support. The parties leave any support question to applicable law and any later court proceeding.

Children: This Agreement does not determine custody, parenting time, or child support. A child's right to support may not be adversely affected by a premarital agreement. SDCL § 25-2-18(b).

5. Death and life insurance

The parties' agreed property disposition at death, if any, is described in Schedule D: [________________________________]. They will identify any intended will, trust, beneficiary designation, or other instrument needed to carry out those terms. This Agreement does not itself change the title of an asset or an insurance beneficiary designation.

Life insurance policies and intended beneficiaries: [________________________________].

Estate rights expressly addressed, if any: [________________________________]. Any right not expressly addressed remains subject to applicable law. The parties should specify each right and the property affected before signing.

6. Voluntary execution and review

Each party states that the party has read this Agreement and schedules, has had a reasonable opportunity to ask questions and seek independent legal advice, and signs voluntarily. Each party has received the other's completed financial schedule on [__/__/____].

Party A counsel, if any: [________________________________]

Party B counsel, if any: [________________________________]

No recital here replaces the actual disclosure, voluntariness, or other facts required for enforcement under SDCL § 25-2-21.

7. Changes and general terms

After marriage, this Agreement may be amended or revoked only by a written agreement signed by both parties, as SDCL § 25-2-20 provides. The parties choose South Dakota law to construe this Agreement. If a term is unenforceable, the remaining terms apply only to the extent a court permits. Any dispute may be submitted to a court with jurisdiction; this Agreement creates no automatic attorney-fee award, arbitration duty, or damages cap.

Additional agreed property terms: [________________________________]

8. Signatures

The parties sign this written Agreement before marriage. Schedules A, B, C, and D, if used, are attached and identified by date. Each party receives a complete signed copy.

Schedule A — Party A financial disclosure

Income and other obligations: [________________________________]

Party A initials and date: [________] [__/__/____]

Schedule B — Party B financial disclosure

Income and other obligations: [________________________________]

Party B initials and date: [________] [__/__/____]

Schedule C — Joint property and division method

Schedule D — Death and insurance terms