A South Dakota prenuptial agreement is a legal document a couple executes before marriage to specify the division of their assets and debts and outline the distribution of life insurance benefits in case of divorce or death. This agreement is essential for streamlining the divorce process, making it less burdensome by avoiding court-determined property division.
By setting clear expectations and responsibilities, a premarital agreement provides a smoother transition during challenging times. It ensures both spouses have a mutual understanding of their financial arrangements if their marriage ends.
Legal Considerations
Laws:
- § 25-2-16 – Definitions
- § 25-2-17 – Formalities
- § 25-2-18 – Content
- § 25-2-19 – Effect on Marriage
- § 25-2-20 – Amendment–Revocation
- § 25-2-21 – Enforcement
- § 25-2-22 – Enforcement–Void Marriage
- § 25-2-23 – Limitation of Actions
- § 25-2-24 – Application and Construction
- § 25-2-25 – Short Title
Signing Requirements: Both parties should sign this agreement (§ 25-2-17).
Dividing Property: Equitable division (§ 25-4-44).
Enforceability Requirements
- Fairness: A prenup is not enforceable if it’s unconscionable at the time of execution, meaning it lacks equitableness or the full disclosure of each party’s assets and liabilities.
- Consideration of a Void Marriage: If the marriage is void, meaning it was invalid from the beginning, the prenup only remains valid if it prevents unfairness.
- Protection of Child Support: A prenup shouldn’t negatively affect the right of a child to support.
- Voluntary Execution: The agreement is not enforceable if one party signed by coercion or didn’t fully understand the terms to which they agreed.
- No Illegal Activity: The prenup’s provisions shouldn’t violate public policy or a statute imposing a criminal penalty.
