Amendment to prenuptial or premarital agreement south carolina form
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AMENDMENT TO PREMARITAL AGREEMENT
THIS AGREEMENT, made this _____ day of ______________ , 20 ____ , between
______________________________ (“Wife") and ____________________________ ,
("Husband"), both herein referred to as “Parties”.
WHEREAS, the Parties entered into a premarital agreement on the _____ day of
______________ , ____ ; and
WHEREAS, the Parties married on the _____ day of ______________ , ____ ; and
WHEREAS, the Parties desire to amend portions of the premarital agreements for the best
interest of all involved.
NOW, THEREFORE, in consideration of the parties and of their mutual promises and
agreements, they agree one with the other as follows:
(1) Except as otherwise provided in this agreement, the premarital agreement referenced
above and all provisions contained therein, shall remain and full force and effect.
(2) The Parties hereby amend the premarital agreement, or add supplementary
provisions to the agreement as follows:
(a) [insert desired amendment or addition]
(b) [insert desired amendment or addition]
(c) [insert desired amendment or addition]
(3) This agreement shall be controlled, construed and given effect by and under the laws
of the State of South Carolina. It is the intent of the parties that the Agreement be enforced to the
fullest extent permissible under applicable laws and public policies. The invalidity, illegality, or
unenforceability of any particular provision of this Agreement shall not affect the other provisions,
and this Agreement shall be construed in all respects as if such invalid, illegal, or unenforceable
- 1 -
provision had been omitted.
(4) No supplement, modification or amendment of this Agreement shall be binding
unless executed in writing by all parties.
(5) No waiver of any provision of this Agreement shall be deemed, or shall constitute, a
waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
(6) This Agreement may be executed in any number of copies, each of which shall be
deemed an original and no other copy need be produced. All pronouns and any variations thereof
shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the
person or persons may require.
(7) This Agreement shall be binding upon the parties hereto and upon their respective
executors, administrators, legal representatives, successors, and assigns.
(8) This agreement may only be amended or revoked by written amendment signed by
both parties.
(9) Each party further agrees and affirms as follows:
(a) That the party did execute the agreement voluntarily; and
(b) That this agreement is not unconscionable when it was executed; and
(c) Both parties are fully aware of the property or financial obligations
of the other party;
(d) That he and she did have, or reasonably could not have had, an
adequate knowledge of the property or financial obligations of the other party.
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IN WITNESS WHEREFOR, the parties hereby execute this agreement in several
counterparts, any executed copy of which shall be considered for all purposes as an original, on the
day and year above written.
_____________________________
__________________________________ WIFE
Witness
__________________________________
Witness
_____________________________
__________________________________ HUSBAND
Witness
__________________________________
Witness
Approved:
Attorney for First Party: ___________________________________
Attorney for Second Party: _________________________________
Note: This agreement must be executed before a notary public.
State of
County of
The foregoing instrument was acknowledged before me this (date) by
(name of person acknowledged).
_________________________________________
(Signature of Person Taking Acknowledgment)
(Title or Rank)
(Serial Number, if any)
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Commission Expires:
State of
County of
The foregoing instrument was acknowledged before me this (date) by
(name of person acknowledged).
_________________________________________
(Signature of Person Taking Acknowledgment)
(Title or Rank)
(Serial Number, if any)
Commission Expires:
- 4 -
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