A prenuptial agreement (prenup) is not the most romantic thing to think about before a wedding—but it can be a highly effective tool to protect your interests and provide certainty. The American Bar Association (ABA) explains that a prenup is a “written contract between two people who intend to marry.” In South Carolina, prenups are used to deal with certain financial matters. For a lot of reasons, the conversation around a prenuptial agreement can be a “heavy” topic. Before bringing up the idea with your partner, it is crucial that you are prepared for the conversation. Here, our Greenville prenuptial agreement lawyer provides some actionable tips on how to bring up a prenup with your future spouse.
Know the Law in South Carolina: A Properly Drafted Prenup is Enforceable
As background information, it is important to understand that you have the right to enter a prenuptial agreement before getting married in South Carolina. Prenups are enforceable in our state. These agreements can provide clarity and security by outlining how assets, debts, and other financial matters will be handled in the event of divorce or death. However, for a prenup to be lawful in South Carolina, it must meet certain legal requirements, including:
- Written: The agreement must be in writing. Oral prenuptial agreements are not recognized as legally binding documents by South Carolina courts. A prenup must be written down. Notably, the prenup should also be signed by both parties.
- Voluntary: Both (future) spouses must have entered into the agreement voluntarily. There cannot have been any coercion, duress, or undue influence.
- Full Disclosure: There must be a full and fair disclosure of each party’s assets, liabilities, and financial obligations. If assets were hidden, a prenup may be thrown out by a court.
- Fair Terms: The terms should be fair at the time of execution and not unconscionable. An agreement that heavily favors one party in an extreme manner could be invalidated.
- Opportunity for Counsel: Both parties should have the opportunity to consult with their own independent family law attorney. It is not legally required that each party hires their own lawyer—but if they do so, a prenup is presumptively enforceable.
Five Tips on How to Bring Up the Idea of a Prenup Agreement With Your Partner
1. Be Proactive (Do Not Wait Until the Last Moment)
When it comes to how to bring up a prenup agreement, the single biggest error that people typically make is that they fail to have a timely conversation. Waiting until the last minute is never the right approach. A wedding is stressful enough—you should try to avoid any surprises. Initiate the conversation about a prenuptial agreement well before the wedding plans are in full swing. Bringing it up early shows respect for your partner. It also gives your future spouse ample time to consider the terms without the pressure of an impending wedding date. Last-minute discussions can lead to stress, negative emotions, and simple misunderstandings. Protect yourself with a proactive approach.
2. Be Open and Honest
In discussions about a prenup, an open and honest approach is generally a good one. Indeed, transparency can make a big difference. You should try to clearly communicate your reasons for wanting a prenup—whether it is to protect personal assets, safeguard sensitive family property, or manage financial expectations. Honesty fosters trust. By openly sharing your thoughts and feelings, you create a safe space for your partner to do the same. It can move the process forward.
3. Listen to their Concerns
Remember, the term prenup is short for prenuptial agreement. To get a binding prenup in Greenville or elsewhere in South Carolina, you need your future spouse to agree to the terms. Your partner may have reservations or fears about signing a prenuptial agreement. It is crucial to listen actively and empathetic to their concerns without interrupting or dismissing them out of hand. Always make a good faith effort to acknowledge their feelings and provide thoughtful responses. A true two-way conversation can alleviate anxiety and move things forward.
4. Know the Purpose (and Limits) of a Prenup
Educate yourself about what a prenuptial agreement can and cannot do before bringing it up.
Understanding its legal purposes—such as outlining asset division and spousal support—helps you explain its benefits accurately. You need to educate yourself before you have conservation.
For example, imagine that you propose a prenup to deal with child support in the event of a future divorce. That is an illegal term in South Carolina. It is unenforceable and could render a whole prenup invalid. Do not waste time arguing about terms that you cannot actually include.
5. Allow and Encourage Your Partner to Speak to a Lawyer
As a best practice, you should allow and encourage your partner to seek independent legal counsel to review the prenuptial agreement and/or to get general information. Your future spouse does not need to hire their own lawyer to get a prenup. However, there are some benefits to them doing so. It can move the conversation forward and ensure they fully understand the document Further, supporting their access to a lawyer demonstrates fairness and reduces the risk of the agreement being challenged in court later due to claims of misunderstanding or coercion. If your spouse had their own attorney, any prenup is presumptively (though not automatically) enforceable in South Carolina.
Angela Elliott Frazier Drafts, Negotiate, and Reviews Prenups in South Carolina
A prenuptial agreement may be the right option for your specific situation. It can certainly provide legal protection. Our founding attorney Angela Elliott Frazier has experience drafting, negotiating, and reviewing premarital agreements. She has a deep understanding of the requirements of South Carolina law and can help you work towards the prenup that is best for your unique circumstances.
Contact Our Greenville Prenuptial Agreement Lawyer Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South Carolina family lawyer has experience drafting, negotiating, and reviewing prenuptial agreements. Contact our family law team today to set up your confidential consultation. With a legal office in Greenville, we help clients with prenups throughout all of Upstate South Carolina.