The bill H. 3075 seeks to amend Section 20-3-630 of the South Carolina Code of Laws, which pertains to marital and nonmarital property. The key change introduced by this bill is the requirement for family court approval of postnuptial agreements. Specifically, the bill stipulates that any postnuptial agreement must be approved by the family court through a petition that is not related to divorce, ensuring that such agreements are recognized for the disposition of property not otherwise covered by existing law.

Additionally, the bill clarifies the definition of "written contract" to include both antenuptial and postnuptial agreements, provided that they are executed voluntarily, with both parties represented by counsel, and based on full financial disclosure as mandated by family court rules. This amendment aims to enhance the fairness and enforceability of postnuptial agreements in South Carolina. The bill will take effect upon approval by the Governor.

Statutes affected:
12/05/2024: 20-3-630
Latest Version: 20-3-630
12/06/2024: 20-3-630