A prenuptial agreement, often called a prenup, is one of the most effective legal tools available to protect assets, clarify financial responsibilities, and establish clear expectations before marriage. While no couple enters a marriage expecting it to end, having a legally sound agreement in place can help reduce uncertainty and conflict if the relationship changes. At Sarah Henry Law, we provide experienced legal help with prenups for clients in Greenville and across South Carolina.
Whether you’re planning to get married, already engaged, or considering marriage for a second time, our attorneys guide you through the entire process with attention to your rights, your goals, and your peace of mind.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract between two individuals who intend to marry. This agreement outlines how property, finances, and other matters will be handled during the marriage and in the event it ends in divorce.
Common terms included in a prenup:
- Division of assets and debts
- Treatment of business interests or inheritances
- Rules for managing joint and separate property
- Clarification of spousal support or alimony obligations
- Provisions addressing post-marriage financial matters
Prenuptial agreements are recognized under South Carolina law and are generally enforceable if executed properly and fairly.
When to Consider a Prenup
While prenups are often associated with high-net-worth individuals, they are increasingly used by couples in many circumstances, including:
- One or both parties have significant assets or liabilities
- Either party owns a business or expects to inherit property
- One party is entering a second or third marriage
- There are children from a previous relationship
- The couple wants to avoid potential disputes over finances
Having a clear understanding of how marital and separate property will be handled can help both spouses enter the marriage with confidence and transparency.
Legal Requirements for a Valid Prenuptial Agreement
For a prenuptial agreement to be enforceable in South Carolina, it must meet certain legal requirements. These include:
- The agreement must be in writing and signed by both parties
- Each party must enter into the agreement voluntarily and without coercion
- There must be full financial disclosure by both parties
- The terms must not be grossly unfair to one party
- The agreement should be executed before the marriage takes place
At Sarah Henry Law, we ensure that every client receives legal representation that meets these standards, protecting their interests and strengthening the enforceability of the agreement.
Postnuptial Agreements: An Alternative After Marriage
If you’re already married and did not sign a prenup, you may still consider a postnuptial agreement. These agreements serve a similar function but are created and signed after the marriage begins.
Postnups are often used to:
- Define ownership of newly acquired assets
- Reassess financial expectations in light of changed circumstances
- Reinforce estate planning goals
- Provide clarity after a reconciliation or prior separation
We help couples evaluate whether a postnuptial agreement fits their situation and guide them through the legal process of drafting and executing a valid contract.
How Prenups Handle Child-Related Issues
While a prenuptial agreement can address many financial matters, it cannot determine issues involving child custody or child support in advance. These matters are determined based on the child’s best interests at the time of separation or divorce.
However, a prenup can still help set expectations about general parenting goals and financial responsibilities related to children from prior marriages or relationships.
Protecting Assets, Business Interests, and Inheritance Rights
Prenups are especially useful when one or both parties want to protect specific financial interests. These may include:
- Protecting a family-owned business from being divided
- Ensuring inherited property remains separate
- Establishing rules for how debts and liabilities are handled
- Defining how contributions to a shared home or retirement accounts are treated
Our Greenville attorneys understand the value of these contracts and work closely with clients to ensure all important financial matters are addressed.
Why Choose Sarah Henry Law for Prenuptial and Postnuptial Agreements
We provide personalized legal support for drafting, reviewing, and finalizing prenuptial and postnuptial agreements. Our approach emphasizes:
- Confidential and compassionate legal guidance
- Clear, enforceable agreements tailored to each couple’s circumstances
- Attention to full financial disclosure and fair negotiation
- Representation of your interests throughout the legal process
Whether you are initiating the discussion or responding to a proposed agreement, we help ensure you understand your legal rights and options every step of the way.
Learn more about Greenville Legal Help with Prenups. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward clarity, protection, and peace of mind.
Greenville Prenuptial Agreement FAQs
Are prenuptial agreements enforceable in South Carolina?
Yes. If the agreement is signed voluntarily, includes full financial disclosure, and does not contain terms that are grossly unfair, courts in South Carolina generally uphold it.
What can’t a prenup include?
Prenups cannot determine child custody, visitation, or child support. These decisions are always made based on the child’s best interests at the time of divorce.
Do both parties need lawyers for a prenup?
It is strongly recommended. Independent legal counsel helps ensure that both parties understand the agreement and that it will be enforceable in court.
Can a prenup protect a business?
Yes. A well-drafted prenup can help ensure that a business remains the separate property of one spouse and is not subject to division in a divorce.
What if I’m already married?
You can still protect your assets through a postnuptial agreement. Our attorneys can help you create a clear and legally valid post-marital contract.
