Getting married in South Carolina? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Courts apply a fairness-at-signing test. Agreements can be invalidated for lack of disclosure, duress, or unconscionability.
- Must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is expected.
Are prenups legal in South Carolina?
Must be in writing, signed before marriage. No notarization required but recommended. Full disclosure or waiver is expected. Independent counsel is not required but strengthens enforceability.
What makes a South Carolina prenup enforceable?
Courts apply a fairness-at-signing test. Agreements can be invalidated for lack of disclosure, duress, or unconscionability.
What you can—and can’t—include
Can waive property, alimony, and inheritance; child-related clauses are void.
Simple process
Provide detailed disclosures, sign well before the wedding, and notarize.
Next steps
Start your South Carolina prenup
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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