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Prenuptial Agreement Laws in South Carolina

South Carolina has no uniform premarital agreement act; a prenup is presumed fair only if signed voluntarily with separate counsel for each party and full financial disclosure, and courts can refuse to enforce one obtained through nondisclosure of material facts.

Last checked . General information, not legal advice.

South Carolina at a glance

Uniform act
No uniform act: S.C. Code 20-3-630 and case law
Courts apply the three-part test from Hardee v. Hardee (S.C. 2003).
Financial disclosure required
Yes
Nondisclosure of material facts is a ground to refuse enforcement, and full disclosure under family court rules is needed for the presumption of fairness.
Independent counsel required
Needed for presumption of fairness
S.C. Code 20-3-630(A)(4) presumes an antenuptial agreement fair only if both parties were separately represented by counsel.

Sources

Last checked

The rules in South Carolina

Has South Carolina adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in South Carolina: No uniform act: S.C. Code 20-3-630 and case law. Courts apply the three-part test from Hardee v. Hardee (S.C. 2003).

Does a prenuptial agreement in South Carolina require financial disclosure to be enforceable?

Yes. Financial disclosure required in South Carolina: yes. Nondisclosure of material facts is a ground to refuse enforcement, and full disclosure under family court rules is needed for the presumption of fairness.

Does South Carolina law require each party to have an independent lawyer for a prenuptial agreement?

Needed for presumption of fairness. Independent counsel required in South Carolina: needed for presumption of fairness. S.C. Code 20-3-630(A)(4) presumes an antenuptial agreement fair only if both parties were separately represented by counsel.

Where do the South Carolina prenuptial agreement laws come from?

The rules above come from S.C. Code 20-3-630(A)(4) and Hardee v. Hardee, 355 S.C. 382 (2003). Each source is linked on this page. We last checked them in October 2026.

Good to know

Courts also ask whether the agreement is unconscionable and whether circumstances changed so much that enforcement would be unfair and unreasonable.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.