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Prenuptial Agreement Laws in South Dakota

South Dakota has adopted the Uniform Premarital Agreement Act; lack of financial disclosure makes a prenup unenforceable only if it was also unconscionable when signed, with no waiting period or counsel requirement.

Last checked . General information, not legal advice.

South Dakota at a glance

Uniform act
UPAA (SDCL 25-2-16 to 25-2-25)
Financial disclosure required
Only if also unconscionable
Lack of fair disclosure matters only if the agreement was also unconscionable when signed and the party did not waive disclosure in writing or otherwise know the other's finances.
Waiting or review period
No statutory waiting period
The enforcement section sets no minimum time between receiving and signing the agreement.
Independent counsel required
No
The statute's enforcement grounds do not include lack of independent counsel.

Sources

Last checked

The rules in South Dakota

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

Uniform act in South Dakota: UPAA (SDCL 25-2-16 to 25-2-25).

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

Only if also unconscionable. Financial disclosure required in South Dakota: only if also unconscionable. Lack of fair disclosure matters only if the agreement was also unconscionable when signed and the party did not waive disclosure in writing or otherwise know the other's finances.

Is there a waiting or review period before signing a prenup in South Dakota?

Waiting or review period in South Dakota: No statutory waiting period. The enforcement section sets no minimum time between receiving and signing the agreement.

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

No. Independent counsel required in South Dakota: no. The statute's enforcement grounds do not include lack of independent counsel.

Where do the South Dakota prenuptial agreement laws come from?

The rules above come from SDCL 25-2-21 and SDCL 25-2-25. Each source is linked on this page. We last checked them in October 2026.

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.