South Carolina H 3075: Postnuptial Agreements

Bill Text

2025-2026 Bill 3075 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3075

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 AMENDING SECTION 20-3-630, RELATING TO MARITAL AND 
NONMARITAL PROPERTY, SO AS TO REQUIRE FAMILY COURT APPROVAL OF POSTNUPTIAL 
AGREEMENTS.

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

SECTION 1. Section 20-3-630(A)(4) of the S.C. Code is amended to 
read:

 (4) property excluded by written 
contract of the parties. "Written contract" includes any antenuptial agreement 
of the parties which must be considered presumptively fair and equitable so 
long as it was voluntarily executed with both parties separately represented by 
counsel and pursuant to the full financial disclosure to each other that is 
mandated by the rules of the family court as to income, debts, and assets. "Written contract" includes any postnuptial agreement of the 
parties that is approved by the family court pursuant to a petition other than 
a petition for divorce and is necessary for purposes of disposition of property 
not otherwise addressed by this section;

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 10:10 AM