Prenuptial Agreement Cost in South Carolina
Last updated 5 min read
A prenuptial agreement in South Carolina typically costs $1,000 – $3,000 for a simple agreement and up to $5,000 – $10,000 for complex estates. South Carolina prenup costs depend on attorney rates, how complex your finances are, and whether both spouses retain their own lawyer. This page isn't legal advice — it's a plain-English summary of how a prenup in South Carolina works, what it costs, and what the state requires.
Cost breakdown
| Complexity | Typical cost | Who this fits |
|---|---|---|
| Simple | $1,000 – $3,000 | W-2 income, no business, no kids from prior relationships |
| Moderate | $3,000 – $5,000 | Real estate, retirement accounts, modest separate property |
| Complex | $5,000 – $10,000 | Business interests, multi-state property, expected inheritance |
Average attorney rate in South Carolina: $200–$500/hr. Both spouses hiring separate attorneys typically adds 50–75% to the total bill.
What South Carolina law requires
- In writing: Yes — required.
- Notarization: Not required, but recommended for evidentiary purposes.
- Independent counsel: Strongly recommended (and often outcome-determinative if litigated).
- Community property state: No — equitable distribution applies in the absence of an agreement.
The controlling statute is South Carolina common law (Hardee v. Hardee, 585 S.E.2d 501) — read the full text on the South Carolina legislature site.
South Carolina has not adopted the UPAA and has no comprehensive prenup statute. Enforceability is entirely common law under the three-part Hardee test: (1) fraud/duress/mistake/misrepresentation; (2) unconscionability; (3) major change in circumstances making enforcement unfair. Alimony and attorney-fee waivers ARE permitted (Hardee overruled prior dicta).
A notable South Carolina case
Hardee v. Hardee, 355 S.C. 382, 585 S.E.2d 501 (2003). South Carolina Supreme Court adopted the modern three-part test and explicitly overruled prior dicta suggesting alimony or attorney-fee waivers were per se against public policy. The controlling authority in every South Carolina prenup case today.
Timeline
Start the conversation at least 90 days before the wedding and sign at least 30 days before.
Find a prenup attorney in South Carolina
The single most important hire for a South Carolina prenup is your own family law attorney. We partner with LegalMatch to connect readers with vetted family law attorneys in their state.
Find a prenup attorney in South Carolina
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