Marriage – Premarital Agreements – South Dakota

South Dakota Statutes

Terms as used in §§ 25-2-16 to 25-2-25, inclusive, mean:
(1) “Premarital agreement,” an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage;
(2) “Property,” any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.25-2-16
A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. Source: SL 1989, ch 216, § 2.25-2-17

A premarital agreement becomes effective upon marriage. Source: SL 1989, ch 216, § 4.25-2-19

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. Source: SL 1989, ch 216, § 5.25-2-20

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. Source: SL 1989, ch 216, § 7.25-2-22

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, are available to either party. Source: SL 1989, ch 216, § 8.25-2-23

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. Source: SL 1989, ch 216, § 9.25-2-24

Sections 25-2-16 to 25-2-25, inclusive, may be cited as the Uniform Premarital Agreement Act. Source: SL 1989, ch 216, § 10.25-2-25

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs
Protecting against Fears of Family Members
Protecting Family Assets
Protecting Business Assets
Protection Against Creditors
Child Custody and Support Guidlines
Predetermined Disposition of Property

Disclaimer:    This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.