South Carolina 2025-2026 Regular Session Status: In Committee

H 3075 — Postnuptial Agreements

Last action — Referred to Committee on Judiciary

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced December 05, 2024. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 20-3-630, RELATING TO MARITAL AND NONMARITAL PROPERTY, SO AS TO REQUIRE FAMILY COURT APPROVAL OF POSTNUPTIAL AGREEMENTS.

Bill Text

What changed in the latest version

24 added · 2 removed

Plain-language change summary

The bill has been updated to require family court approval for postnuptial agreements, which are written contracts made after marriage concerning the ownership of property. This change ensures that these agreements are fair and equitable by mandating that both parties have separate legal representation and full financial disclosure before the court can approve them. This matters because it provides an additional layer of protection for individuals entering into postnuptial agreements, helping to avoid future disputes regarding marital property.

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2025-2026 Bill 3075 Text of Previous Version (Dec.
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06, 2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3075Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.)                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 20-3-630, RELATING TO MARITAL AND NONMARITAL PROPERTY, SO AS TO REQUIRE FAMILY COURT APPROVAL OF POSTNUPTIAL AGREEMENTS.
  Be it enacted by the General Assembly of the State of South Carolina:
  SECTION 1.  Section 20-3-630(A)(4) of the S.C.
Code is amended to read:
      (4) property excluded by written contract of the parties.
"Written contract" includes any antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets.
"Written contract" includes any postnuptial agreement of the parties that is approved by the family court pursuant to a petition other than a petition for divorce and is necessary for purposes of disposition of property not otherwise addressed by this section;
  SECTION 2.  This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on December 06, 2024 at 10:10 AM
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Action History

  1. Referred to Committee on Judiciary

  2. Introduced and read first time

  3. Referred to Committee on Judiciary

  4. Prefiled

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 169 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (169)

169 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights
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Frequently asked questions

What does H 3075 do?
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 20-3-630, RELATING TO MARITAL AND NONMARITAL PROPERTY, SO AS TO REQUIRE FAMILY COURT APPROVAL OF POSTNUPTIAL AGREEMENTS.
Who sponsors H 3075?
H 3075 is sponsored by Representative Gil Gatch.
What is the current status of H 3075?
This bill is in committee in the House. Introduced December 05, 2024. It must pass committee before a floor vote.
Where can I track H 3075?
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