Prenuptial (prenup) agreements are recognized in South Carolina, and they can protect assets in cases of divorce, but they aren’t always as solid as people might believe – especially if they are not prepared correctly.
If someone finds a template for an agreement online or drafts something homemade and informal without the proper documentation, there is a distinct possibility that a court could dismiss it.
Attorney Grant Varner advises his clients to bring in a complete listing of protectable assets prior to the date of marriage. This includes real estate, automobiles, investments, bank accounts (with balances), businesses, and anything else someone wants to protect. Then, both parties can begin working to create a premarital agreement, but “it needs to be signed off on by all parties to have a chance of making it (stand up in court).”
In a future video, Grant will explain the differences between this type of agreement and a marital agreement that can be entered in to during the marriage.
If you find yourself in need of professional legal services or require legal representation, contact an attorney like Grant Varner with Varner and Segura. Visit Varner and Segura online at www.VarnerAndSeguraOnline.com or call (864) 271-2232.
NOTE: Nothing above or in the accompanying video is offered as legal advice, and nothing above or in the accompanying video should be construed as a substitute for retained legal advice.
PHOTO CREDIT: Monochrome / Distributed Under Creative Commons.