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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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