Are prenuptial agreements enforceable in South Carolina?

South Carolina uses a Family Court equity framework guided by the Hardee three-prong test.

1. Governing Statute / Common Law

S.C. Code Ann. § 20-3-740(A)(5) recognizes alimony waivers in written agreements. The controlling case is Hardee v. Hardee, 355 S.C. 382 (2003), with antecedents in Holler v. Holler, 364 S.C. 256 (Ct. App. 2005).

2. Formality Requirements

The agreement must be in writing and signed by both parties. Notarization is standard. Marriage is the consideration; the agreement is effective on marriage.

3. Voluntariness

Hardee prong one: the agreement must have been obtained through valid procedures, free of fraud, duress, or coercion. Holler v. Holler held that signing without time to review and without understanding the English language defeated the agreement.

4. Disclosure

Hardee prong two: each party must have had disclosure or knowledge of the other party's financial worth. Reasonable disclosure is required; estimates suffice if reasonable and good-faith.

5. Unconscionability / Substantive Fairness

Hardee prong three: the agreement must be substantively fair. South Carolina conducts a substantive fairness review at execution; gross disparity invites scrutiny but is not automatically fatal if disclosure and voluntariness are clear.

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Alimony may be waived per § 20-3-740(A)(5) if the Hardee prongs are satisfied. Equitable apportionment of marital property may be restricted by valid prenup.

7. Key South Carolina Case Law

Hardee v. Hardee (2003); Holler v. Holler (Ct. App. 2005); Doe v. Doe, 286 S.C. 507 (Ct. App. 1985).

This is legal information, not legal advice.