Love and Law: How Prenuptial and Postnuptial Agreements Work in South Carolina

Episode Summary

In this episode of Off the Record, hosts Kevin Rosenquist and attorney Rhett Burney discuss prenuptial and postnuptial agreements in South Carolina. They explore common misconceptions about these legal documents, their importance, and how they can help couples protect their assets. Rhett explains the requirements for these agreements to be enforceable, including full financial disclosures and the need for legal representation. They also address the potential for modifications or revocations, and the circumstances under which these agreements can be nullified.

 

Timestamps:

[00:00-00:30] Introduction to the episode, discussing love, law, and the importance of prenuptial and postnuptial agreements.

[00:30-01:01] Rhett explains the common misconception of self-made prenuptial agreements.

[01:01-01:41] Overview of what prenuptial and postnuptial agreements are and how they work in South Carolina.

[01:41-03:02] Discussion on the timing of postnuptial agreements.

[03:02-04:04] Types of assets and issues that can be addressed in prenuptial or postnuptial agreements.

[04:04-06:27] Rhett's personal take on whether everyone should get a prenup or postnup.

[06:27-07:46] Navigating the conversation around prenuptial or postnuptial agreements with a partner.

[07:46-08:03] Rhett shares personal experiences and thoughts on being the "scapegoat" for legal advice.

[08:03-09:48] How enforceable prenups and postnups are in South Carolina and factors affecting their validity.

[09:48-10:30] The importance of honest financial declarations when creating these agreements.

[10:30-11:29] Process of modifying or revoking a prenup or postnup.

[11:29-12:40] Common reasons for modifying prenups or postnups.

[12:40-14:22] How assets and percentages are handled in prenups and postnups.

[14:22-15:06] Legal provisions that could nullify a prenup or postnup, such as infidelity or abuse.

[15:06-16:03] Advice for couples considering prenups or postnups, including the importance of open communication and counseling.

About The Show

Off the Record is a legal podcast hosted by Kevin Rosenquist and attorney Rhett Burney, where they delve into various legal topics, offering insights and advice for individuals navigating the complexities of law. In each episode, they discuss legal issues ranging from family law to estate planning, providing listeners with a mix of professional expertise and real-world experiences. Through candid conversations, they aim to break down legal jargon and make understanding the law more accessible, while also sharing fascinating stories from their work in the legal field. Whether you're looking for guidance or just curious about the law, Off the Record offers valuable perspectives and practical advice.