The bill H. 4800 seeks to amend the South Carolina Code of Laws by adding Section 20-1-110, which grants family courts the authority to approve prenuptial and postnuptial agreements. To be approved, these agreements must meet specific criteria, including being signed by both parties and their legal counsel, ensuring both parties are represented by separate legal counsel, and requiring adequate financial disclosures from each party. Additionally, the agreements must be provided at least thirty days prior to marriage or the postnuptial agreement, and both parties must be mentally competent and not under duress. The bill establishes that court-approved agreements create a rebuttable presumption of validity and enforceability, meaning that a party seeking to challenge the agreement must provide clear and convincing evidence to invalidate it.

Furthermore, the bill outlines the process for challenging the enforceability of these agreements, stipulating that such hearings must be separate from divorce proceedings and that the losing party must pay the associated attorney's fees and costs. The definitions of prenuptial and postnuptial agreements are also clarified within the bill. Importantly, the bill does not invalidate any agreements made prior to its effective date. The act will take effect upon approval by the Governor.

Statutes affected:
12/17/2025: 20-1-110
Latest Version: 20-1-110