Establishes a process for court approval of prenuptial and postnuptial agreements in South Carolina.
This bill amends South Carolina law to allow family courts to approve prenuptial and postnuptial agreements. It establishes criteria for these agreements, including that both parties must be represented by separate legal counsel and provide adequate financial disclosures. The court must find the agreement fair and equitable. Once approved, these agreements carry a rebuttable presumption of validity and enforceability. If a party challenges the enforceability of an approved agreement, they must prove by clear and convincing evidence that it is not valid or enforceable.
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- Overview
- Core Provisions
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- Legal Framework
- Critical Issues
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