Charleston Prenuptial Agreement Lawyer

Legal Guidance for Your Marriage

While it may not be romantic, prenuptial agreements are a wise idea for any couples who bring personal or business property into the union. Although you may never anticipate getting divorced, a prenuptial agreement protects your assets and your future against that possibility. Finances are one of the main factors leading to divorce and the existence of a prenuptial agreement can clear up many of these issues before the marriage even starts.

Although prenuptial agreements are often associated with wealthy businesspersons and celebrities, they have tremendous value for many couples. A prenup can protect your family business, retirement benefits, and even your credit. Our Charleston prenuptial attorney has handled many divorce cases and have seen firsthand how contentious these situations can become if a prenuptial agreement doesn’t exist.

To protect your financial assets: In the event you get divorced, real estate, bank accounts, and other types of assets can be covered by a prenup. Liability can also be established for existing debt.

To support your estate plan: In South Carolina, spousal rights can supersede a will. In a prenuptial agreement, the right to inherit a set percentage of your property can be waived, thus giving more authority to the instructions in your will.

To protect your marriage: Finances are cited as one of the most common causes of disputes among married couples. A prenuptial agreement can prevent many of these arguments by establishing responsibility for specific financial situations.

To protect your children: Related to your estate plan, a prenuptial agreement can help you protect the inheritance of children from a previous marriage.

What is the Purpose of a Prenup?

Prenuptial agreements are designed to address financial matters related to marriage. They are private contracts that assist in deciding where assets and property will go in the event of death or divorce. However, there are a few provisions which will not be allowed in South Carolina.

These issues include anything related to:

• Illegal or unlawful activity
• Child support or child custody
• Incentives for divorce
• Personal, rather than financial matters

Signing a prenuptial agreement may be seen in a negative light, however it can be very beneficial for those interested in being responsible for their finances.

Is a Prenup Valid After 10 years?

The lifespan of a prenuptial agreement is similar to most contracts, in that it depends on the terms included within the document. If for some reason the couple does not mention the lifespan, it is to remain in effect indefinitely. Modifications can be made to the document in the future, as long as both parties agree to a revision.

Don’t Begin Without an experienced Charleston Prenuptial Lawyer

Due to the binding and complex nature of prenuptial agreements, it’s crucial to involve a skilled Charleston prenuptial lawyer. In fact, both parties must have independent counsel for the prenuptial agreement to be considered valid in a South Carolina court.

At Shaw Law Firm, LLC, We are well-versed in the drafting and execution of prenuptial agreements. Our experience in a wide range of family law matters helps us consider the effect a prenuptial agreement can have in other areas, such as estate planning.