Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in South Carolina — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in South Carolina, where they are governed by common law and the Supreme Court's decision in Hardee v. Hardee rather than the UPAA.
South Carolina is one of the minority of states that never adopted the Uniform Premarital Agreement Act, and it has no dedicated prenup statute. Instead, enforceability is controlled by case law — above all Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003) — plus the Statute of Frauds, which requires any agreement made upon consideration of marriage to be in writing. Hardee confirmed that South Carolina courts enforce fair, fully disclosed prenups, and held that even waivers of alimony and attorney's fees are not automatically against public policy.
A South Carolina prenup is enforceable when it passes the Hardee three-part test: it was free of fraud, duress, and nondisclosure; it isn't unconscionable; and circumstances haven't changed so dramatically that enforcing it would be unfair.
Under the Statute of Frauds, an agreement made in consideration of marriage must be written and signed. Oral prenups are unenforceable in South Carolina.
The agreement must not be obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material facts. Complete, honest asset and debt schedules are the core protection.
The terms cannot be so one-sided that no reasonable person would agree to them. Lopsided but knowing bargains are fine; oppressive ones are not.
Uniquely, a South Carolina court also asks whether circumstances have changed so significantly since signing that enforcement would be unfair — so agreements should be drafted with the long term in mind.
| Governing statute | Common law — Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003); no UPAA |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be waived — not per se unconscionable under Hardee |
See how South Carolina's signing formalities compare in our prenup notarization requirements by state guide.
South Carolina courts set aside prenups for fraud, duress, or hidden assets at signing, for unconscionable terms, or — unusually — when circumstances have changed so much that enforcement would be unfair at divorce.
Because South Carolina never adopted the UPAA, family courts apply the three-question test adopted in the Hardee litigation: how the agreement was obtained, whether it is unconscionable, and whether changed circumstances make enforcing it unfair. That third question gives South Carolina judges more room than most states to revisit an old agreement, which makes careful drafting matter more, not less. A prenup with full disclosure, reasonable terms, and an unhurried signing survives all three questions comfortably.
Trusted Prenup creates a state-specific South Carolina prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A South Carolina attorney-drafted prenup typically costs $1,500–$6,000 or more. Trusted Prenup creates a state-specific South Carolina prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — South Carolina requires a written, signed agreement but has no statutory notarization or witness requirement. Notarizing is still recommended to prove the signatures are genuine, and it's available as an add-on.
Yes, on three grounds from Hardee v. Hardee: the agreement was obtained by fraud, duress, or nondisclosure; it is unconscionable; or circumstances have changed so significantly that enforcement would be unfair. Full disclosure and reasonable terms defeat all three.
No. South Carolina never adopted the Uniform Premarital Agreement Act, so prenups are governed by contract common law and family-court precedent — chiefly Hardee v. Hardee (2003) — rather than a dedicated statute.
Yes. In Hardee v. Hardee, the South Carolina Supreme Court held that prenup provisions waiving alimony, support, and attorney's fees are not per se unconscionable and don't violate public policy — though a waiver that would leave a spouse destitute can still be attacked as unconscionable.
There's no statutory waiting period, but signing at least 30 days before the wedding undercuts any later duress claim — the first prong of the Hardee test. Starting early is the cheapest insurance a prenup can have.
Yes — South Carolina enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and South Carolina's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about South Carolina law and not a substitute for advice from a licensed attorney about your situation.