Summerville Postnuptial Agreement Lawyers
Over 50 Years of Combined Experience Drafting Postnuptial Agreements in Summerville
A postnuptial agreement is a legally binding contract entered into by two people who are already married, distinct from a prenuptial agreement, which is signed before the wedding. Where a prenup anticipates marriage, a postnup reflects the financial reality a couple has built together and establishes how property, debts, and support can be handled going forward. South Carolina recognizes postnuptial agreements as enforceable contracts under state law.
At TMW Law, our family law attorneys bring over 50 years of combined legal experience to postnuptial agreement drafting for couples in Summerville, Charleston, Goose Creek, Mount Pleasant, and throughout Dorchester County. We operate as a boutique firm, which means clients receive direct, individualized attention, not a templated document handed off by a junior associate.
Ready to discuss whether a postnuptial agreement makes sense for your situation? Call our Summerville office at (843) 891-6100 to speak with a family law attorney.
Who Typically Pursues a Postnuptial Agreement?
Postnuptial agreements aren’t limited to the wealthy. Plenty of Summerville couples reach a point in their marriage where formalizing their financial arrangements simply makes sense. Common situations include:
- Business owners and professionals: A spouse starting a business or professional practice may use a postnup to protect business assets and define the other spouse’s claim to business equity.
- Couples who skipped a prenup: Once married and settled, some couples want the same financial clarity a prenup would have provided.
- Changed financial circumstances: An inheritance, a significant career advancement, or a financial windfall can shift the balance in ways that warrant a written agreement.
- Blended families: Spouses with children from prior relationships often use postnups to protect assets intended for those children.
- Modifying an existing prenuptial agreement: If circumstances have changed meaningfully since the original agreement was signed, a postnup can modify or supplement it.
A postnuptial agreement can address division of real and personal property, spousal support, management of assets during the marriage, treatment of gifts and inheritances, and debt allocation between spouses. It cannot govern child custody or child support. South Carolina family courts determine those matters based on the child’s best interests at the time of any proceeding.
Contact Our Postnuptial Agreement Attorneys in Summerville
Getting the drafting right matters. An agreement that doesn’t meet South Carolina’s enforceability standards may not hold up when it counts most. Our attorneys at TMW Law work closely with each couple to understand their specific financial circumstances before putting anything on paper.
To speak with a postnuptial agreement attorney in Summerville, contact TMW Law or call (843) 891-6100 today.
South Carolina Enforceability Requirements for Postnuptial Agreements
A postnuptial agreement is only as valuable as its ability to hold up in South Carolina Family Court. Courts apply heightened scrutiny to these agreements because married spouses owe each other fiduciary duties, which means the procedural and drafting standards are demanding. Understanding what courts look for is the first step toward an agreement that can protect your interests.
What Makes a Postnuptial Agreement Enforceable
South Carolina courts will generally enforce a postnuptial agreement when it meets each of the following conditions:
- Written and signed: The agreement must be in writing and signed by both spouses.
- Voluntary: Each party must enter the agreement without coercion, duress, or undue pressure.
- Full financial disclosure: Both spouses must fully disclose their income, assets, liabilities, and property. Concealed or understated assets are a primary basis for courts to refuse enforcement.
- Independent legal counsel: Each spouse should be represented by separate attorneys during negotiation and signing. This protects both parties and strengthens the agreement’s validity.
- Reasonable terms: Courts may decline to enforce terms that are unconscionable or grossly one-sided at the time enforcement is sought.
What Can Invalidate an Agreement
A court may refuse enforcement if one spouse failed to fully disclose financial information, if the agreement was obtained through fraud or misrepresentation, or if circumstances have changed so significantly since signing that enforcement would be unfair or unreasonable. Errors that might be overlooked in a commercial contract carry real risk in a postnuptial agreement. The quality of drafting and the care taken during signing matter considerably.
Duration & Modification
A postnuptial agreement remains in effect for the duration of the marriage. It can be modified or revoked at any time, provided both spouses agree in writing. As your financial situation evolves, the agreement can be updated to reflect new circumstances.
Proposed Legislative Changes
South Carolina’s legislature has been active on this front. House Bill 3075, introduced in January 2025, would require family court approval of postnuptial agreements. As of mid-2026, this bill has not been enacted into law. We monitor legislative developments that affect our clients’ family law planning.
Our attorneys at TMW Law guide clients through the drafting process with enforceability in mind from the start. Our experience in family court proceedings, including the divorce and property division cases where postnuptial agreements are ultimately tested, shapes how we structure these documents to withstand scrutiny.
