A South Carolina Prenuptial Agreement would be required for individuals residing in South Carolina, with the main purpose of the document serving to form an agreement involving two potential spouses outlining how funds, loans, and estates will be distributed not only throughout their union but in the case of a divorce or passing of a spouse as well. This kind of arrangement requires a lawful marriage in order to be enforceable.
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If there is no such agreement in place, an individual's assets will be divided by a judge in the court. Couples would be able to preserve power over individual assets and divide joint assets (those accumulated through marriage) evenly among themselves if they have the agreement in place. The purpose of the agreement is to outline these conditions. However, the conditions must be deemed fair as unfair conditions may be grounds for the document to be invalidated by a judge.
In South Carolina, only the two partners are obliged to sign the agreement. But it is recommended to have witnesses and/or notarization.
A South Carolina Prenuptial Agreement template can be downloaded by clicking the link below.
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