by admin | May 14, 2021 | Family Law, South Dakota
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.SDCL 25-2-22 SL 1989, ch 216, § 7.
by admin | May 14, 2021 | Family Law, South Dakota
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) That party did not execute the agreement voluntarily; or(2) The agreement was unconscionable when it was executed and, before execution of the agreement,...
by admin | May 14, 2021 | Family Law, South Dakota
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.SDCL 25-2-20 SL 1989, ch 216, § 5.
by admin | May 14, 2021 | Family Law, South Dakota
A premarital agreement becomes effective upon marriage.SDCL 25-2-19 SL 1989, ch 216, § 4.
by admin | May 14, 2021 | Family Law, South Dakota
(a) Parties to a premarital agreement may contract with respect to: (1) 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;(2) The right to buy, sell, use, transfer, exchange,...
by admin | May 14, 2021 | Family Law, South Dakota
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration.SDCL 25-2-17 SL 1989, ch 216, § 2.
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