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SC H4800
Bill
Status
1/13/2026
Primary Sponsor
David Martin
Click for details
AI Summary
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Grants South Carolina family courts jurisdiction to approve prenuptial and postnuptial agreements that meet specific statutory requirements
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Requires both parties to have separate legal counsel, sign the agreement, provide adequate financial disclosures, and receive the agreement at least 30 days before marriage (for prenuptial) or execution (for postnuptial)
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Creates a rebuttable presumption that court-approved agreements are valid and enforceable, placing the burden on challengers to prove invalidity by clear and convincing evidence
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Mandates that challenges to agreement validity must be heard separately from divorce or separate support proceedings, with the losing party paying attorney's fees and costs
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Preserves the validity of prenuptial and postnuptial agreements entered into before the law takes effect
Legislative Description
Prenuptial and Postnuptial Agreements
Last Action
Referred to Committee on Judiciary
1/13/2026