MARITAL SETTLEMENT AGREEMENT

(South Carolina)

[// GUIDANCE: This template is drafted for use in South Carolina Family Court proceedings pursuant to S.C. Code Ann. §§ 20-3-620 (equitable apportionment), 20-3-130 (alimony), and 63-15-240 (best-interest custody factors). It is intended for attorney customization prior to filing. All bracketed items require client-specific input.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Property Division
   3.2 Spousal Support (Alimony)
   3.3 Child Custody & Parenting Plan
   3.4 Child Support
   3.5 Tax Matters
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

1. DOCUMENT HEADER

1.1 Title and Parties
This Marital Settlement Agreement (the “Agreement”) is entered into by and between [PARTY A FULL LEGAL NAME] (“[Husband/Wife/Spouse A]”) and [PARTY B FULL LEGAL NAME] (“[Wife/Husband/Spouse B]”) (individually, a “Party,” and collectively, the “Parties”).

1.2 Recitals
A. The Parties were lawfully married on [DATE] in [CITY, STATE].
B. The Parties separated on [DATE] and have lived separate and apart since that date.
C. Comprehensive settlement of all rights and obligations arising out of the marriage is in the Parties’ best interests and the best interests of their minor child(ren), if any.
D. The Parties intend that this Agreement be incorporated, but not merged, into any final decree of divorce entered by the [COUNTY] County Family Court, State of South Carolina (the “Family Court”).

1.3 Effective Date
This Agreement shall become effective on the date last signed below (the “Effective Date”), subject to Family Court approval.

1.4 Governing Law & Jurisdiction
This Agreement shall be governed by, and construed in accordance with, the domestic relations laws of the State of South Carolina. Exclusive jurisdiction and venue shall lie with the Family Court pursuant to S.C. Code Ann. Title 20.

2. DEFINITIONS

The following terms, when capitalized, shall have the meanings set forth below:

“Alimony” – Periodic or lump-sum spousal support as contemplated under S.C. Code Ann. § 20-3-130.
“Child Support Guidelines” – The South Carolina Child Support Guidelines promulgated by the Department of Social Services, as amended from time to time.
“Custody Order” – The court order incorporating the parenting provisions of this Agreement.
“Marital Assets” – All property subject to equitable distribution under S.C. Code Ann. § 20-3-620.
“Separate Property” – Property excluded from Marital Assets under South Carolina law.
[Add additional defined terms alphabetically as needed.]

3. OPERATIVE PROVISIONS

3.1 Property Division

3.1.1 Equitable Apportionment. The Parties acknowledge full financial disclosure and agree that the division set forth herein constitutes an equitable apportionment of Marital Assets in accordance with S.C. Code Ann. § 20-3-620.
3.1.2 Allocation of Assets.
a. To [Spouse A]:
• [DESCRIPTION OF PROPERTY]
• …
b. To [Spouse B]:
• [DESCRIPTION OF PROPERTY]
• …
3.1.3 Allocation of Debts. Each Party assumes and agrees to indemnify the other from the debts specifically allocated to such Party on Exhibit A (Asset & Debt Schedule).

[// GUIDANCE: Attach a spreadsheet-style schedule identifying asset values, debt balances, account numbers (redacted), and titling.]

3.2 Spousal Support (Alimony)

3.2.1 Type. The Parties agree to [periodic / lump-sum / waiver] alimony.
3.2.2 Amount & Term. [Spouse X] shall pay to [Spouse Y] $[AMOUNT] per [week/month] commencing [DATE] and continuing for [DURATION / conditions for termination].
3.2.3 Modification. Alimony may be modified only by written agreement of the Parties approved by the Family Court or as otherwise provided by statute.
3.2.4 Termination Triggers. Alimony shall automatically terminate upon the first to occur of:
a. Remarriage or continued cohabitation (as defined by South Carolina law) of the Payee;
b. Death of either Party; or
c. Further order of the Family Court.

3.3 Child Custody & Parenting Plan

3.3.1 Legal Custody. The Parties agree to [joint / sole] legal custody.
3.3.2 Physical Custody & Parenting Schedule. Primary physical custody shall be with [Spouse]. The Parties shall follow the parenting time schedule detailed in Exhibit B (Parenting Plan).
3.3.3 Decision-Making. Major decisions (education, medical, religious) shall be made [jointly / by primary custodian after consultation].
3.3.4 Relocation. Neither Party shall relocate the child(ren) outside [GEOGRAPHIC LIMIT] without written consent or court order.
3.3.5 Best Interests. The Parties acknowledge that these arrangements are consistent with the best-interest factors under S.C. Code Ann. § 63-15-240.

3.4 Child Support

3.4.1 Guideline Compliance. Child support shall be calculated pursuant to the Child Support Guidelines, using the income and expense information attached as Exhibit C (Worksheet).
3.4.2 Amount. [Spouse X] shall pay $[AMOUNT] per [week/month], commencing [DATE], through the Centralized Payment Center.
3.4.3 Health Insurance & Uncovered Expenses. [Spouse Y] shall maintain health insurance for the child(ren). Uninsured medical expenses shall be divided [PERCENTAGE]/[PERCENTAGE].
3.4.4 Emancipation. Support terminates upon emancipation as defined by South Carolina law, except for any arrearage.

3.5 Tax Matters

3.5.1 Filing Status for Current Year. The Parties will file [jointly / separately] for tax year [YEAR].
3.5.2 Dependency Exemptions. The Parties shall alternate the dependency exemption(s) for the child(ren) as follows: [SPECIFY].
3.5.3 Indemnity for Pre-Separation Liabilities. Each Party shall indemnify the other for tax liabilities attributable to that Party’s post-separation income.

4. REPRESENTATIONS & WARRANTIES

4.1 Capacity. Each Party represents that he or she is of sound mind, not under duress, and fully authorized to enter into this Agreement.
4.2 Full Disclosure. Each Party has provided complete and accurate financial disclosures; material omissions constitute a default under Section 6.
4.3 Independent Legal Counsel. Each Party acknowledges consultation with independent counsel of his or her choice or a voluntary waiver thereof.
4.4 Survival. The representations and warranties shall survive execution and incorporation into the decree.

5. COVENANTS & RESTRICTIONS

5.1 Future Cooperation. The Parties shall execute any additional documents reasonably necessary to effectuate this Agreement.
5.2 Non-Disparagement. Neither Party shall disparage the other in the presence of the child(ren) or third parties.
5.3 Confidentiality. Financial terms shall remain confidential except as required for court approval, tax filings, or enforcement.
5.4 Restraining Orders. Each Party shall refrain from harassing, intimidating, or causing bodily harm to the other Party and may seek injunctive relief under the Protection from Domestic Abuse Act if violated.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party is in default if he or she:
a. Fails to pay support or alimony when due;
b. Fails to convey property or assume debt as required;
c. Breaches any material covenant herein.
6.2 Notice & Cure. The non-defaulting Party shall provide written notice and a [10-30]-day cure period before seeking enforcement.
6.3 Remedies. Upon default, the aggrieved Party may seek:
a. Specific performance;
b. Wage withholding or contempt;
c. Attorney’s fees and costs; and
d. Any other relief authorized by the Family Court.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party shall indemnify, defend, and hold harmless the other from liabilities, claims, and expenses arising out of debts or obligations expressly assumed herein.
7.2 Limitation of Liability. Liability of either Party under this Agreement shall not exceed the value of that Party’s allocated Marital Assets, except for intentional misconduct or fraud.
7.3 Force Majeure. Performance deadlines (excluding support payments) are tolled during events beyond a Party’s reasonable control (e.g., natural disasters, war).

8. DISPUTE RESOLUTION

8.1 Mediation First. Except for emergencies involving child safety, the Parties shall submit any dispute to mediation with a certified family court mediator before filing motions.
8.2 Family Court Jurisdiction. Unresolved issues shall be heard exclusively by the Family Court of the State of South Carolina.
8.3 Arbitration. The Parties acknowledge that binding arbitration of child-related issues is unenforceable; however, property or financial disputes may be submitted to arbitration by separate written agreement executed after the Effective Date.
8.4 Injunctive Relief. Nothing herein limits either Party’s right to seek immediate restraining or protective orders.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No modification is effective unless in writing, signed by both Parties, and approved by the Family Court. Failure to enforce any provision is not a waiver.
9.2 Assignment. Rights or obligations under this Agreement are personal and non-assignable, except with written consent and court approval.
9.3 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted by law.
9.4 Entire Agreement. This document, including Exhibits and any related court orders, constitutes the entire understanding of the Parties and supersedes prior agreements.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each constituting an original. Electronic signatures are deemed originals under the Uniform Electronic Transactions Act as adopted in South Carolina.
9.6 Successors & Assigns. This Agreement binds and benefits the Parties and their respective heirs and legal representatives.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

[// GUIDANCE: Add appropriate notary blocks. South Carolina requires acknowledgment before a notary for filings. If witnesses are customary in your county, add witness lines.]

11. EXHIBITS & SCHEDULES

• Exhibit A – Asset & Debt Schedule
• Exhibit B – Parenting Plan & Visitation Calendar
• Exhibit C – Child Support Worksheet
• Exhibit D – Financial Declarations (Rule 20, SCFCR)

[// GUIDANCE: File the executed Agreement with the Family Court using a Motion for Approval of Agreement and entry of Final Decree. Confirm compliance with local county rules and scheduling orders.]