by admin | May 14, 2021 | Family Law, South Dakota
Where the marriage is annulled on the ground that a former husband or wife was living, or on the ground of mental illness, children begotten before the judgment are legitimate and succeed to the estate of both parents.SDCL 25-3-3 SDC 1939, § 14.0603.
by admin | May 14, 2021 | Family Law, South Dakota
A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if either party was of unsound mind at the time of the marriage, unless such party, after coming to reason, freely cohabitated with the other as husband or wife. An action to...
by admin | May 14, 2021 | Family Law, South Dakota
A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. An action to obtain a...
by admin | May 14, 2021 | Family Law, South Dakota
Sections 25-2-16 to 25-2-25, inclusive, may be cited as the Uniform Premarital Agreement Act.SDCL 25-2-25 SL 1989, ch 216, § 10.
by admin | May 14, 2021 | Family Law, South Dakota
Sections 25-2-16 to 25-2-25, inclusive, shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Premarital Agreement Act among states enacting it.SDCL 25-2-24 SL 1989, ch 216, § 9.
by admin | May 14, 2021 | Family Law, South Dakota
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel,...
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