South Carolina H 4800: 2023-24 Teacher of the Year Marie Wise, Mid-Carolina High School and Newberry County School District

Bill Text

2025-2026 Bill 4800 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4800

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 1, Title 20 of the S.C. Code is 
amended by adding:

 Section 
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.

SECTION 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 t