3 Secrets You Should Know About South Dakota Premarital Agreements

A “premarital agreement” is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

Secret #1 - What is required for a valid premarital agreement?

A premarital agreement must be in writing and signed by both parties. It is also enforceable without consideration.

Secret #2 - What information can a premarital agreement include?

(1) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(2) The disposition of property upon separation, marital dissolution, death, or the occurrence or non-occurrence of any other event;

(3) The making of a will, trust, or other arrangement to carry out the provisions of the agreement; 

(4) The ownership rights in and disposition of the death benefit from a life insurance policy;

(5) The choice of law governing the construction of the agreement; and

(6) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal liability. It should also be noted that the right of child support cannot be adversely affected by a premarital agreement.

Secret #3 - When does a premarital agreement become effective?

A premarital agreement becomes effective upon marriage.

For more information about premarital agreements, download our popular book -Your Essential Guide to Child Custody and Divorce in South Dakota - by clicking here

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Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones