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South Carolina courts will generally uphold a postnuptial agreement if both parties execute it knowingly and voluntarily. Both parties must be represented and advised by independent legal counsel so they fully understand the agreement.
What Is Typically Included In a Postnuptial Agreement? How the couple will divide property and other assets in the event their marriage ends. Whether one spouse will pay spousal support and how for long such support payments will be continued.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
Postnuptial agreements are invalid if it is determined that one of the parties exercised fraud, duress, or undue influence over the other. Fraud generally exists when one party deceived or concealed an important fact that would impact whether or not the other party executed the agreement.
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouses duties as a parent.
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A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.
Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur. Property division is one of the primary concerns with a postnuptial agreement.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
A properly prepared and executed postnuptial agreement can bind the parties regarding spousal support, inheritance rights, property division, and debt allocation. However, it cannot decide child support and custody; still, it can make divorce simpler when the parties already agree to necessary divorce decisions.

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