Getting married in South Dakota? 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.
- Unenforceable if involuntary, unconscionable when signed, or lacking disclosure without waiver. No fairness review at divorce.
- South Dakota has adopted the UPAA. Prenups must be in writing, signed before marriage. Notarization is not required but recommended.
Are prenups legal in South Dakota?
South Dakota has adopted the UPAA. Prenups must be in writing, signed before marriage. Notarization is not required but recommended. Full disclosure or waiver is necessary.
What makes a South Dakota prenup enforceable?
Unenforceable if involuntary, unconscionable when signed, or lacking disclosure without waiver. No fairness review at divorce.
What you can—and can’t—include
May waive property, alimony, and inheritance rights; cannot determine child custody/support.
Simple process
Disclose assets fully, sign early, and consider notarization and counsel.
Next steps
Start your South Dakota prenup
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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