Are You Interested in Keeping Your Property After A South Dakota Divorce?

Are you interested in keeping your property after a South Dakota divorce?

If so, here are 5 tips to keep in mind if you're thinking about a premarital agreement.

Tip #1 - What is a "premarital agreement" and will it "hold up" in South Dakota?

A "premarital agreement" is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. A premarital agreement will "hold up" in South Dakota if certain conditions are met.

Tip #2 - Can a premarital agreement be changed after you've been married?

Maybe. However, once you're married, a premarital agreement can only be changed or revoked by a written agreement signed by both spouses.

Tip #3 - Can a premarital agreement be used for distributing life insurance benefits?

Yes. A premarital agreement can be used to designate life insurance beneficiaries.

Tip #4 - Can a premarital agreement be used to impact a child support obligation?

No. A child support obligation cannot be impacted by a premarital agreement. 

Tip #5 - Can we both go to the same lawyer to draft our premarital agreement?

No. Each person should get independent legal advice regarding a premarital agreement. 

For more information about premarital agreements, download The Essential Guide to Child Custody and Divorce in South Dakota™. 

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