When you’re planning a wedding, the last thing most people want to talk about is legal contracts. But here’s the reality marriage is more than just love. It’s also a legal and financial partnership. That’s why more couples are thinking ahead and getting a prenup in South Dakota.
Whether you’re just engaged or weeks away from the big day, having a conversation about what happens if things go sideways doesn’t mean you’re expecting failure. It means you care enough to protect each other just in case.
WANT TO GET STARTED? TALK TO A PRENUP ATTORNEY IN SOUTH DAKOTA
Contents
What Is a Prenup, Really?
If you’re not familiar, here’s the simple version: a prenuptial agreement (aka prenup) is a legal contract a couple signs before getting married. It lays out what happens to your property, money, and debt if the marriage ends either by divorce or death. Think of it like a backup plan. You hope you never need it, but you’ll be glad you have it if life doesn’t go as planned.
People sometimes confuse prenups with other legal marriage documents. For example, marriage certificate vs license a license lets you get married; the certificate proves that you did. A prenup is something completely separate that protects what you each own and owe. Learn More About Prenup Here at Actec
And while it might not be the most romantic thing, it’s practical. Kind of like getting car insurance. You don’t plan to crash but you know life is unpredictable.
How South Dakota Handles Divorce Without a Prenup
South Dakota is an equitable distribution state. That means if you divorce without a prenup, a judge divides your shared property in a way that seems fair not necessarily 50/50.
Here’s the thing: “fair” is pretty subjective. And the judge doesn’t know your values or financial goals. That’s where a prenup in South Dakota gives you control. You get to decide how things should go not a stranger in a courtroom.
Who’s Getting Prenups These Days?
It’s not just celebrities and millionaires. Sure, public figures like Kelsea Ballerini (net worth reportedly around $6 million) might need serious financial protection, but more and more regular couples are signing prenups too.
In fact, a recent survey showed that over 40% of Millennials support the idea of prenups. Why? Because many of them are getting married later in life, with careers, property, and sometimes kids from previous relationships.
A prenup makes sense if:
- You own a house, business, or other valuable property
- One of you has more debt or income than the other
- You’re expecting an inheritance
- You’ve been married before
- You have children and want to protect their future
- You just want clarity around financial roles
But Isn’t a Prenup Cold or Unromantic?
Not really. In fact, having a serious talk about money, values, and your future shows maturity. If you can’t talk about finances now, it’ll be way harder later.
You don’t have to make it all about what happens if you split up. Use it as a chance to get on the same page about how you’ll handle things during the marriage too. Who’s paying what bills? Are you saving together or separately? It’s not about planning for divorce it’s about building trust.
Plus, if you can plan a wedding, coordinate your summer date ideas, and survive menu tastings with your in-laws, you can handle one honest conversation about your finances.
What Can a Prenup Include?
A prenup South Dakota contract can spell out:
- What happens to property each of you owned before marriage
- How new assets will be handled
- Whether spousal support is paid (and how much)
- How to divide debt
- What happens with savings, retirement accounts, or investments
- Rules for handling joint accounts
- What to do with large gifts or inheritances
It can even include specific instructions for what happens if one person wants to keep a family business or pass property to children from a previous marriage.
One thing a prenup can’t do: decide on child custody or child support. That’s always left up to the court, depending on what’s best for the kids.
Do You Really Need a Lawyer for This?
Technically, you could write a prenup yourselves. But should you? No.
If the agreement is one-sided, rushed, or unclear, a judge might throw it out. That’s why it’s important for both people to have their own lawyer. A good prenup attorney in South Dakota will make sure the contract is fair, enforceable, and fully understood by both sides.
TALK TO A PRENUP LAWYER IN SOUTH DAKOTA TO GET IT DONE RIGHT.
When Should You Talk About It?
Don’t wait until the week of your wedding. That just adds pressure and the last thing you want is your partner feeling blindsided. Ideally, bring it up a few months in advance, when emotions are calm and you have time to think things through.
You could say something like,
“I want us both to feel secure no matter what. Can we talk about doing a prenup?”
It might feel awkward at first, but most couples are relieved once the topic is out in the open.
What If You’re Already Married?
Too late for a prenup? Not really. You can still sign a postnuptial agreement, which is similar it just happens after you’re already married. If your financial situation has changed or you want more security now, it’s worth looking into.
Final Thoughts
A prenup in South Dakota isn’t about planning for divorce. It’s about planning for whatever life throws your way. Whether you’re entering marriage with assets, debt, kids, or just different financial habits, a prenup can protect both of you and make sure everything’s clear from the start.
It doesn’t mean you love each other any less. If anything, it shows respect enough to talk about the hard stuff up front.