Prenuptial and Postnuptial Agreements

2025-2026 Bill 4800: Prenuptial and Postnuptial Agreements - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4800
STATUS INFORMATION
General Bill
Sponsors: Reps. Martin, C. Mitchell, Pope and M.M. Smith
Document Path: LC-0365VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Prenuptial and Postnuptial Agreements
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 94
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 94
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
20-1-110
SO AS TO GRANT THE FAMILY COURT SUBJECT MATTER JURISDICTION TO APPROVE
CERTAIN PRENUPTIAL AND POSTNUPTIAL AGREEMENTS; TO CREATE A REBUTTABLE
PRESUMPTION THAT SUCH COURT-APPROVED AGREEMENTS ARE VALID AND ENFORCEABLE; TO
ESTABLISH A PROCESS FOR CHALLENGING THE ENFORCEABILITY OF SUCH AGREEMENTS; AND
FOR OTHER PURPOSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 1, Chapter 1, Title 20 of the S.C. Code is
amended by adding:

S
ection
20-1-110
.
(
A) The family court has
jurisdiction to approve any prenuptial agreement or postnuptial agreement,
which meets the following criteria:

(
1)
The prenuptial agreement or postnuptial agreement must be signed by both
parties and their legal counsel.

(
2)
Both parties to the prenuptial agreement or post nuptial agreement must be
represented by separate legal counsel.

(
3)
Before the signing of the prenuptial agreement or postnuptial agreement, each
party must provide the other party adequate personal financial disclosures, to
include the party's income, assets, debts, liabilities, or any other personal
financial information.

(
4)
(
a) The prenuptial agreement must be
provided to both parties at least thirty days before entering into a marriage
contract.

(
b)
The postnuptial agreement must be provided to both parties at least thirty days
before entering into the postnuptial agreement.

(
5)
Both parties to the prenuptial agreement or postnuptial agreement are mentally
competent and have the capacity to contract, and neither party has signed the
prenuptial agreement or postnuptial agreement under duress or coercion of the
other party.

(
6)
The prenuptial agreement or postnuptial agreement is fair and equitable to both
parties, taking into consideration the circumstances and agreement of the
parties at the time of the approval of the prenuptial agreement or postnuptial
agreement.

(
B)
(
1) Approval of a prenuptial agreement or
postnuptial agreement by a court as having met the requirements of this section
creates a rebuttable presumption that the prenuptial agreement or postnuptial
agreement is valid and enforceable.

(
2)
If a party seeks to invalidate a prenuptial agreement or postnuptial agreement that
has been approved by a court pursuant to this section, the party seeking to
invalidate the prenuptial agreement or postnuptial agreement must demonstrate,
by clear and convincing evidence, that the prenuptial agreement or postnuptial
agreement is not valid or enforceable, thereby rebutting the presumption of
validity and enforceability.

(
3)
A hearing to challenge the validity and enforceability of a prenuptial
agreement or postnuptial agreement must be scheduled separately from any
proceeding in an action for divorce or separate support and maintenance, and
the party against whom the court rules on the challenge to the validity and
enforceability of the prenuptial agreement or postnuptial agreement must pay
reasonable attorney's fees and costs associated with that hearing.

(
C) For
purposes of this section:

(
1)
"Prenuptial agreement" means a legal contract between two individuals who
intend to marry that affirms, modifies, or waives a marital right or obligation
during the marriage or at separation, marital dissolution, death of one of the
spouses, or the occurrence or nonoccurrence of any other event, and includes an
amendment, signed before the individuals marry, of a prenuptial agreement.

(
2)
"Postnuptial agreement" means a legal contract between spouses that outlines
how their assets and responsibilities will be managed during the marriage and
in the event of separation, marital dissolution, or death, which is created
after marriage and serves to clarify financial rights and responsibilities
including, but not limited to, ownership of assets, responsibilities for
post-marital debts and obligations, terms for dividing property in the event of
divorce or death, provisions for gifts and inheritances, and alimony or spousal
support.

(
D)
This section does not invalidate prenuptial agreements or postnuptial
agreements that were entered into prior to the effective date of this section.

S
ECTION 2. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 3. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:41 PM