George Nelson | Aug 01 2025 14:00
Prenuptial vs. Postnuptial Agreements: What Couples in Rapid City Should Know
Understanding the difference
A prenuptial agreement is signed before a couple gets married, while a postnuptial agreement is signed after the wedding. Both are legal tools that define how assets, debts, and property would be divided if the marriage ends in divorce or death. For couples in Rapid City and across Western South Dakota, these agreements provide clarity and security—especially when one spouse owns a business, family land, or significant investments. Having a prenuptial agreement lawyer in Rapid City ensures your document meets all legal standards and protects both parties fairly.
What each agreement can cover
A prenup or postnup can outline many financial details, including:
- Property ownership: Who keeps the home, vehicles, or other major assets.
- Business interests: How to handle existing or future business ownership.
- Debt allocation: Responsibility for credit cards, loans, or other debts.
- Spousal support: Setting clear expectations for alimony or waiving it entirely.
While these agreements can cover financial issues, they cannot determine child custody or child support. Those issues are always decided by a South Dakota court based on the child’s best interests.
Why couples in South Dakota consider them
In communities like Rapid City, Sturgis, and Spearfish, many couples marry later in life, own property, or manage small businesses. A prenuptial agreement can protect those assets before marriage, while a postnup can be useful if your financial situation changes after the wedding—such as starting a new company or receiving an inheritance. These agreements aren’t about mistrust; they’re about planning wisely and avoiding future disputes.
Legal requirements in South Dakota
For a prenuptial or postnuptial agreement to be valid in South Dakota, both parties must sign voluntarily, provide full financial disclosure, and have enough time to review the terms—ideally with independent legal counsel. Courts in Pennington County and surrounding areas will examine fairness and transparency closely, so working with a family law attorney experienced in marital agreements is essential.
How George Nelson Law can help
We draft, review, and update prenuptial and postnuptial agreements tailored to your unique situation. Our team explains every term clearly, ensures compliance with state law, and aligns your agreement with your broader estate or business plans. Whether you’re preparing to get married or want to update your finances after marriage, we’ll guide you every step of the way. Visit our Prenuptial Agreements page to learn more about this service.
Let’s start the conversation
If you’re planning a marriage or want to strengthen your financial foundation in Rapid City or anywhere in Western South Dakota, we’re here to help. Contact George Nelson Law today to schedule a confidential consultation with a prenuptial agreement lawyer in Rapid City who understands your goals and can help protect your future with confidence.