South Carolina Amendment to Prenuptial or Premarital Agreement

Prenuptial agreements are not set in stone: Parties may be able to renegotiate the terms, so long as the renegotiation is legal and valid.

As long as you and your spouse agree, you prenuptial or postnuptial agreement can be changed.The amendment uses legal language to change the parts of the agreement you and your partner want updated. The amendment is typically written by a lawyer because of its legal nature.

Prenuptial agreements help couples determine what will happen to the parties' assets in the event of a divorce or a spouse's death. The law states that couples cannot revoke prenuptial agreements unless both parties agree to it.

Saving and Spending Strategies A prenuptial agreement should address the couple's future financial plans, including investment and retirement strategies. It should also cover how much income is to be paid into joint and/or separate bank accounts, and whether or not their will be any specific spending allowances.

When a prenuptial agreement and a last will and testament are in conflict, the prenuptial agreement often takes precedence, but the decision is in the hands of a probate court.A last will and testament states a deceased person's wishes for their estate after their death.

The three most common grounds for nullifying a prenup are unconscionability, failure to disclose, or duress and coercion. Unconscionability may be present if the agreement is patently unfair to one party.

You cannot amend your prenuptial agreement after marriage. What you can do is prepare a post-nuptial agreement to make the necessary amendments. A post-nuptial agreement requires similar disclosure so you again will need to exchange full financial disclosures with your husband.

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.