Bill
H 3075
Postnuptial agreements may exclude property from the marital estate only after Family Court approval via a petition (not a divorce petition), increasing oversight.
Status: Referred to Committee on Judiciary (metadata) — bill text included here is from South Carolina statutes and was enacted with an effective-date provision that it "takes effect upon approval by the Governor."
Summary:
This bill amends South Carolina Code Section 20-3-630(A)(4) (marital and nonmarital property) to treat postnuptial agreements as a form of “written contract” that may exclude property from marital division, but only if the postnuptial agreement is approved by the Family Court through a petition filed for that purpose (explicitly, a petition other than a petition for divorce). The change places court‑approval requirements on postnuptial agreements that do not apply to antenuptial (prenuptial) agreements.
Key provisions and changes
- Amends S.C. Code § 20-3-630(A)(4) to expand the definition of “written contract” to include:
- Antenuptial (prenuptial) agreements, already treated as presumptively fair when voluntarily executed with separate counsel and full financial disclosure as mandated by Family Court rules.
- Postnuptial agreements, but only when the postnuptial agreement is (a) approved by the Family Court pursuant to a petition other than a divorce petition, and (b) necessary for disposition of property not otherwise addressed in the statute.
- Effective date: the act takes effect upon approval by the Governor.
Who is affected
- Married persons who wish to modify property rights by postnuptial agreement: such agreements will generally require Family Court approval to be treated as excluding property from marital estate.
- Family Court: will have new or clarified jurisdictional role in approving postnuptial agreements, likely increasing petitions and review responsibilities.
- Family law practitioners: attorneys who draft or advise on postnuptial agreements must ensure a Family Court petition is filed and approval obtained for enforceability under this statute.
- Courts and litigants in property-division proceedings: classification of property as marital vs. nonmarital will hinge on whether a postnuptial agreement received the required court approval.
Procedural and practical effects
- Court-approval requirement: parties cannot rely solely on a private postnuptial contract to exclude property from marital division; they must seek Family Court approval via a petition that is not part of a divorce case.
- Protection and scrutiny: the requirement increases judicial oversight, which can protect vulnerable spouses (against coercion or nondisclosure) but also increases procedural steps, time, and legal costs.
- Interaction with prenuptial agreements: antenuptial agreements remain presumptively fair if they satisfy the separate-counsel and full-disclosure standards under Family Court rules; the bill does not change those presumptions for prenuptials.
- Ambiguity: the statute limits postnuptial inclusion to agreements “necessary for purposes of disposition of property not otherwise addressed by this section,” which may require judicial interpretation about scope and necessity.
Legislative timing
- The text specifies the act takes effect upon the Governor’s approval; once signed, the Family Court approval requirement becomes immediately applicable.
Notes
- The packet provided includes multiple unrelated items (Massachusetts House 3075 entries on Rosa Parks Day and nicotine taxation, and hearings/filings). The summary above pertains to the South Carolina statutory amendment regarding postnuptial agreements (S.C. Code § 20-3-630), which is the provision that directly addresses postnuptial agreement approval.
Compiled from official sources — confirm details with the bill’s official record.
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