South Dakota uses equitable distribution as its default property system — assets are divided fairly but not necessarily 50/50, based on each spouse’s income, contributions, and earning potential. South Dakota also offers an optional community property trust, allowing couples to elect community property treatment for specific assets. A prenup can define your own property rules, overriding the default equitable distribution framework.
Your Clause prenup explicitly defines which property is separate and which is marital, overriding South Dakota's default equitable distribution rules with terms you both agree on.
Attorney-drafted prenups typically cost $5,000 to $20,000 combined. Here's how Clause compares:
Yes. South Dakota has adopted the Uniform Premarital Agreement Act (SDCL § 25-2-16 et seq.), which sets clear standards for enforcement. Courts uphold prenups that are in writing, signed by both parties with full financial disclosure, and free from fraud, duress, or unconscionable terms.
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