A "premarital agreement" is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. A premarital agreement must be in writing and signed by both parties.
WHAT TYPE OF PREMARITAL AGREEMENTS HOLD UP IN SOUTH DAKOTA?
In South Dakota, a premarital agreement may include:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- 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;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
It should also be noted that the right of child support cannot be adversely affected by a premarital agreement.
For more information about premarital agreements in South Dakota, download The South Dakota Child Custody and Divorce Handbook.