South Carolina Marital Settlement Agreement Template

The Settlement Agreement Is the Core Document in an Uncontested Divorce

In South Carolina, the marital settlement agreement (also called a property settlement agreement or separation agreement) is the document that resolves every issue in the divorce — property division, debt allocation, spousal support, and, if applicable, custody and child support. For uncontested divorces, the settlement agreement supplies the substantive terms; the court's final order dissolves the marriage. The court forms are the procedural shell; the agreement is the substance.

The Family Court judge reviews the agreement at the final hearing. If it's complete, voluntary, and not unconscionably one-sided, the judge incorporates it into the Final Order of Divorce. If it's missing required provisions, internally contradictory, or appears to have been signed under duress, the judge can reject it — sending the parties back to renegotiate.

Essential Provisions

A complete South Carolina marital settlement agreement must address every category of marital rights and obligations. Leaving any category unaddressed creates ambiguity that can force the parties back into court.

Real property. Who keeps the marital home (or whether it's sold), who is responsible for the mortgage, the timeline for refinancing or listing, and how equity is divided. If one spouse keeps the home, specify when the Quitclaim Deed will be executed and recorded, and when the refinance must be completed to release the departing spouse from the mortgage.

Personal property. Vehicles (including title transfer obligations and loan responsibility), household furnishings, jewelry, collections, and other tangible property. List high-value items individually. Include a general provision for remaining personal property ("each party retains all personal property currently in their possession").

Financial accounts. Division of bank accounts, brokerage accounts, and investment portfolios, specifying account numbers or institutions and the division method (50/50, offset, or specific dollar amounts).

Retirement accounts. Each retirement asset must be addressed individually: 401(k), 403(b), IRA, pension. For employer plans requiring a QDRO, the agreement should specify who drafts the QDRO, who pays the preparation costs (typically $500–$1,500), and the deadline for submission to the plan administrator. For PEBA state pensions, specify that a DRO compliant with § 9-18-10 will be prepared.

Debts. Every marital debt allocated to a specific spouse, with account numbers and balances. Include an indemnification clause: the spouse allocated the debt agrees to hold the other harmless from any collection action, credit damage, or costs resulting from default.

Spousal support. The type (periodic, lump-sum, rehabilitative, reimbursement, or waiver), amount, duration, payment schedule, and termination triggers. If both parties waive alimony, state the waiver explicitly — a silent agreement doesn't constitute a waiver under South Carolina law.

Insurance. Health, dental, and vision coverage during the separation and post-divorce. Life insurance requirements — many agreements require the paying spouse to maintain a life insurance policy naming the other spouse as beneficiary to secure ongoing support obligations.

Common Mistakes That Cause Rejection

Failing to address alimony at all. If the agreement doesn't explicitly award or waive spousal support, the court may reject it as incomplete. A simple sentence — "Both parties voluntarily and permanently waive any claim to alimony" — resolves this.

Contradictory provisions. Paragraph 7 says the wife keeps the house; Paragraph 12 says the house will be sold. Internal contradictions aren't just sloppy — they're grounds for rejection because the court can't determine the parties' actual intent.

Unconscionable terms. If one spouse receives virtually all the assets while the other receives all the debt, the judge will question whether the agreement was truly voluntary. The court doesn't require a perfectly equal split, but extreme imbalances require an explanation.

Missing deadlines for action items. "Husband shall refinance the mortgage" without a deadline can make enforcement harder. Specify: "within 120 days of the entry of the Final Order."

No provision for enforcement. Include language authorizing either party to seek a Rule to Show Cause in Family Court if the other fails to perform any obligation under the agreement.

Filing Requirements

To file an uncontested divorce with a settlement agreement in South Carolina:

1. Complete the settlement agreement and have both parties sign it (notarization is recommended but not always required for the agreement itself — the SCCA 430 Financial Declaration must be notarized)
2. File the Summons (SCCA 400.01), Complaint (SCCA 400.02), Cover Sheet (SCCA 467), and the settlement agreement with the Clerk of Court ($150 filing fee)
3. Serve the defendant or obtain a signed Acceptance of Service (SCCA 400.03)
4. File the SCCA 430 Financial Declaration prior to or at the first hearing, or no later than 45 days after service of the complaint, whichever occurs first
5. Schedule the final hearing and arrange for a corroborating witness to testify that the parties lived separate and apart for the required period

The South Carolina Divorce Financial Split & Asset Division Guide helps you work through the financial analysis that feeds into the settlement agreement — asset and debt inventories, equity calculations, and retirement division scenarios — so your agreement is built on solid numbers.

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