Legal Question in Family Law in South Carolina

Re: pre nup

Anyone can "sign" it, but the question is whether the prenuptial agreement itself is valid and/or if it is any good. Simply having a notary public or other witness "sign" it doesn't really do much to benefit you in and of itself.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Re: pre nup

The purpose of the attorney signing the prenup is not to authenticate the signature, but to attest to the fact that the person signing the prenup had the benefit of independent legal advice, understood what was being agreed to, and was under no apparent duress or undue influence. A notary can't do that.

If you don't have an attorney attesting to these things, the prenup may not hold up in court even though it is legal if the parties understood what they were doing, and were not signing under duress, fraud or undue influence.