South Carolina General Assembly
115th Session, 2003-2004

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H. 3508

STATUS INFORMATION

General Bill
Sponsors: Reps. G.M. Smith and Weeks
Document Path: l:\council\bills\gjk\20104sl03.doc

Introduced in the House on February 4, 2003
Currently residing in the House Committee on Judiciary

Summary: Premarital agreement provisions

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
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    2/4/2003  House   Introduced and read first time HJ-33
    2/4/2003  House   Referred to Committee on Judiciary HJ-33

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/4/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO SPECIFY THAT A PROVISION IN A PREMARITAL AGREEMENT WAIVING ALIMONY OR ATTORNEY'S FEES IS ENFORCEABLE, TO PROVIDE EXCEPTIONS, TO DEFINE UNCONSCIONABLE, AND TO PROVIDE HOW UNCONSCIONABILITY IS DETERMINED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-135.    (A)    As used in this section, 'unconscionable' means without meaningful choice on the part of one party because of one-sided contract provisions and terms that are so oppressive that a reasonable person would not make them and a fair and honest person would not accept them.

(B)    A provision in a premarital agreement that waives alimony or attorney's fees is enforceable unless:

(1)    the agreement was obtained through fraud, duress, or mistake, or through misrepresentation or nondisclosure of material facts;

(2)    the agreement is unconscionable; and

(3)    the facts and circumstances of the parties have changed since the agreement was executed, and the enforcement of the agreement is unfair and unreasonable.

(C)    In determining whether the agreement is unconscionable, facts and circumstances existing only at the time the agreement was executed are considered."

SECTION    2.    This act takes effect upon approval by the Governor.

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