The following form is a Property Settlement Agreement including a Child Support, and Custody Agreement (which is somewhat unusual in an annulment situation).
South Carolina Annulment Property Settlement, Child Support, and Custody Agreement
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How to fill out Annulment Property Settlement, Child Support, And Custody Agreement?
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FAQ
In an ?equitable division state,? such as South Carolina, most of the marital property is considered the ?separate property? of the spouses. It does not matter who the property is titled or deeded to or whose name an account is in. All that matters is whether the property is marital or non-marital.
Any property that is given to either spouse as a gift from a third party (not the other spouse) during the marriage, as well as any property inherited by either spouse during the marriage, is considered to be non-marital, unless the receiving spouse does something to indicate that he or she wishes for the property to ...
The first step to qualifying for annulment is to meet one of the legal grounds for annulment. These must be per the marriage annulment laws in South Carolina. To qualify, you must be able to prove insanity, fraud, mental incapacity, coercion, affiliation, or bigamy on the part of your spouse.
South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property. The Judge considers a number of factors in making the decision.
If you have a spouse and no children, your spouse will inherit your entire estate. If you have a spouse and children, your spouse gets half and the remaining estate is split equally amongst the children. If you have no spouse or children, your parents would receive your estate.
South Carolina does not recognize ?legal separation.? Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties' child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until ...
In South Carolina, non-marital property remains in the hands of the spouse who owned it before or during the marriage. The most common types of property divided at divorce are real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits.
What is Non-Marital Property in South Carolina? Property acquired before the marriage is generally considered non-marital property, subject to exceptions as discussed below.