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June 10, 2024
Couples who bring significant assets or debts to the marriage or where one or both is earning a substantial income should consider having a prenuptial agreement. Also, where one or both parties expect to inherit significant assets or receive gifts from third parties, a prenuptial should be part of the pre-wedding process. Additionally, couples who marry later in life or who are entering a second or third marriage may bring assets, debts, incomes and children to the new relationship. Protecting their hard earned nonmarital assets and future income is necessary so the individual and their children and grandchildren’s inheritance are protected through a prenuptial agreement. Prenuptial agreements require transparency. Both parties must provide the other with full financial disclosure, and there must be enough time before the wedding to allow the parties to discuss and negotiate the issues. Discussions often even include how the household bills will be paid, what happens to the home when one spouse dies, and the like. A prenuptial agreement also typically addresses whether alimony will be waived or how the payment of alimony is defined in the event of a separation or divorce. A prenuptial agreement can also address situations where one party brings significant debts to the marriage that the other spouse helps pay off during the marriage so the spouse who helps pay off the other’s debts is credited for their contributions upon a divorce or death. What issues are resolved by a Pre-Nuptial Agreement that would help determine whether I might need such an agreement or not? A prenuptial agreement may define which assets remain non-marital despite potential claims of equitable interest by a spouse; whether the parties will waive the receipt of alimony even if at the time of the divorce one party most likely would pay alimony to the other; how assets will be divided upon a parties’ death; whether fault will affect the division of assets and debts; whether parties will be responsible for their own legal fees and costs upon a divorce, and many other issues. The two big issues that prenuptial agreements in South Carolina cannot determine are the custody of children and the amount of child support. Can parties use the same attorney to draft and advise both parties regarding their prenuptial agreement? No . It is unethical for the same attorney to represent both parties regarding a prenuptial agreement. However, as a practical matter, one party’s attorney usually drafts the document, and the other party hires separate legal counsel to review and negotiate any necessary changes. Both attorneys also typically assist the parties in preparing the required disclosure of finances. It is vital that both parties receive independent legal advice in drafting and executing their prenuptial agreement as it alters the normal operation of law and valuable rights are usually waived. It also helps ensure that the agreement will later be found enforceable by the courts. Under what circumstances will a court not enforce a prenuptial agreement? A court may refuse to enforce a prenuptial agreement when the parties have (1) used the same attorney to advise them during the drafting and execution of the agreement; (2) if the parties did not freely, fairly, reasonably or in good faith enter into the prenuptial agreement; (3) if the parties did not give each other full and fair financial disclosure before they entered their agreement; (4) if the agreement was obtained through fraud, duress, mistake or through misrepresentation, overreaching or nondisclosure of material facts; (5) if the was agreement unconscionable meaning that it was so unfair no reasonable person should have agreed to the terms; or (6) if have the facts and circumstances changed so dramatically since the execution of the agreement that it is unfair and unreasonable to enforce it. Some of these factors depend greatly upon the specific circumstances of each case. In 2003, our state Supreme Court upheld the lower court’s denial of alimony to a spouse with diabetes and sponge kidneys who entered into a prenuptial agreement “freely and knowledgeably, with adequate disclosure, and without undue influence or overreaching.” The court was likely persuaded by the fact that wife suffered from those health conditions at the time of the marriage, she had legal counsel when she signed the document, she was advised not to sign the document and her husband provided her with full financial disclosure. In fact, as that case, Hardee v. Hardee , notes, “'[t]he current trend and majority rule allows parties to prospectively contract to limit or eliminate spousal support.'..." Hardee also provides a synopsis of courts’ attitudes toward prenuptial agreements, stating, “In the past two decades ... the courts have reconsidered... public policy in light of societal changes, and today, premarital agreements, so long as they do not promote divorce or otherwise offend public policy, are generally favored as conducive to the welfare of the parties and the marriage relationship as they tend to prevent strife, secure peace, and adjust, settle, and generally dispose of rights in property.” Is it ok to sign a PreNuptial Agreement the day before the wedding? While there is no specific law about how far ahead of a wedding a prenuptial agreement must be signed in order to be “valid,” it is safe to say that two weeks before a wedding is cutting it quite close. The closer to the wedding date, the stronger the argument that one party may later claim they were forced to sign under duress. Entering into a prenuptial agreement is requires competent, experienced legal counsel. Both parties also need time to work through the process thoughtfully and honestly. Do not hire an attorney who pulls forms from a friend or downloads the form from the internet as each case is different, and each couple has their own unique needs. When advised by wise, experienced counsel, especially when significant resources are involved, discuss your circumstances and consider hiring the attorney who is competent to draft a document that protects your needs and is fair to your fiancé.  Melissa Fuller Brown, Esquire, is the President of the South Carolina Chapter of the American Academy of Matrimonial Lawyers, a Board Certified SC Family Law Trial Attorney (Certified by the NBTA), Board Certified SC Family Law Mediator & Advanced Mediator (Certified by AAML), AV Rated by Martindale-Hubbell and chosen as a SC Family Law Super Lawyer. She now works primarily as a family law consultant and mediator in Mount Pleasant, SC.
July 12, 2022
In June 2022, The Board of Directors of the American Bar Foundation (ABF) invited Melissa Fuller Brown to become a Fellow in their organization. Fellows of the ABF comprise a global honorary society of lawyers, judges, law faculty, and legal scholars. Membership is by invitation only based upon recommendations of their peers in reliance upon legal careers that demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of our society. Membership is limited to only one percent (1%) of licensed U.S. lawyers and a limited number of international lawyers.
October 8, 2021
As of October 15, 2021, Melissa Fuller Brown’s law practice is transitioning to a mediation only practice. From this date forward, she will accept family law mediation matters. Please email her at melissa@melissa-brown.com to schedule a mediation.

ATTORNEY MELISSA F. BROWN

Attorney Melissa F. Brown

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Melissa F. Brown

Recommended Books

This list of books contains recommendations for men and women who find themselves involved in the family court system. The books address a variety of topics including how to survive the divorce process and to how to move forward after the divorce if final. There are also recommended books for children whose parents are going through a divorce. The list contains books for children of all ages. Finally, there are a few recommended books about parenting that are particularly useful to parents embroiled in a custody battle or parents who want to improve their skills as a single parent. The list is not comprehensive, and we welcome new book recommendations and book reviews to add to this site.

Marriage and Divorce Law in South Carolina: A Layperson’s Guide

Roy T. Stuckey

This is an overview of South Carolina Family Law written specifically for lay people.

Crazy Time: Surviving Divorce & Building a New Life

Abigail Trafford

This is a classic book that has been recognized for more than 16 years as the essential guidebook to survive a divorce. Trafford is compassionate, funny, articulate and ever so savvy about the “crud” people experience when divorcing their spouse.

When the Vow Breaks: A Survival and Recovery Guide for Christians Facing Divorce

Joseph Warren Kniskern

Written by a male, Christian, real estate attorney, this powerful book helps Christians if they find themselves reluctantly divorcing and how to handle the impact upon their faith, find the ability to forgive their spouse and move forward with their lives.

Private Lies: Infidelity and the Betrayal of Intimacy

Frank Pittman

This is a powerful book if infidelity is an element of your divorce. Frank Pittman describes the many reasons people cheat on their spouse. Reading this book does not excuse a wandering spouse’s behavior, but the book does help many better understand why their spouse strayed and in some cases why a spouse’s cheating is more a symptom of problems in the marriage and not a basis to file an action for a divorce.

The Verbally Abusive Relationship: How to recognize it andhow to respond

Patricia Evans

This book helps people who have tolerated verbal abuse in their marriage understand how such behavior negatively impacts their marriage; why they may have accepted such behavior in the past; and how those who have tolerated such abuse can break free from it.

The Good Divorce

Constance R. Ahrons

Considered a landmark, longitudinal study of post divorce families, this book continues to provide insight into the lasting effects of divorce. Some criticize it for “promoting divorce;” however, the goal is to demonstrate that a good divorce is sometimes better for the family than a bad marriage.

Surviving Separation and Divorce: How to Keep Going When You Really Don’t Want To

Sharon Marshall

This book is geared toward women who grieve over the shock of separation and/or divorce. It also provides practical guidance and hope beyond the divorce.

You Gotta Keep Dancin’: In the Midst of Life’s Hurts You Can Choose Joy!

Tim Hansel

Hansel’s biography gives a poignant account about his life and how he managed to find joy in the midst of unbearable, constant physical pain through his faith in God.

How to Avoid the Divorce from Hell and Dance together at Your Daughter’s Wedding

M. Sue Talla

Sue Talla is a successful divorce lawyer in California who wrote this very readable, compassionate, thoughtful book based upon her experience representing family court clients.

What Every Woman Should Know About Divorce and Custody: Judges, Lawyers, and Therapists Share Winning Strategies on How to Keep the Kids, the Cash, and Your Sanity

Gayle Rosenwald Smith, J.D., and Sally Abrahms

This is an extraordinarily sensible, sensitive, and pragmatic book that is useful for both men and women.

Cutting Loose: Why Women Who End Their Marriages Do So Well

Ashton Applewhite

This book is written for women who live with abusive men.

Mom’s House, Dad’s House: A Complete Guide for Parents Who are Separated, Divorced, or Living Apart

Isolina Ricci

Mom’s House, Dad’s House is a classic that may not have started the concept of joint custody and shared parenting, but this book certainly put the concept on the map.

Books for Children – Divorce

Young Children

Mama and Daddy Bear’s Divorce

Cornelia Maude Spelman

This book is for younger children, and one that parents should read aloud to their children. It discusses how to handle two home situations. The main character is a strong young girl and her character helps provide encouragement for young children whose parentes are currently involved in a divorce.

Dinosaurs Divorce

Lauren e Krasny and Mark Brown

Great book to help explain divorce to children ages 4-9. This book can also be used as a guide for the entire family. It explains times that children may struggle during the divorce. It is colorful and attractive for young children, and one of the best aspects of the book is the way it targets children’s emotions. It talks about the fact that it is ok to cry and even ok to be angry.

Two Homes

Claire Masurel

This book has amazing illustrations and provides a good explanation about how children can adapt to living in two homes. It is most appropriate for very young children or beginning readers. The main character, Alex, has two of everything, one at mommy’s and one at daddy’s. This is great because in the end, it states that both parents love him regardless of whose time it is with him.

Arthur and the 1,001 Dads

Marc Tolon Brown

A great book for young children! We see the familiar Arthur character and his friend who does not have a relationship with his father. They all attend a Father’s Day Picnic, but they must find a substitute father for Arthur’s friend. It illustrates to children how to be a friend of someone whose parents may be divorced and explains that fathers can come in many packages, and that is ok.

Help Me Understand: A Child’s Book About Divorce

Amy Ross Munford

A Christian book written for the young child whose parents are divorcing.

Children Ages 7-12

Ginny Morris and Mom’s House, Dad’s House

Mary Collins Gallager

This book is appropriate for children ages 8-12. It is about a little girl who has two homes and two of everything. She battles practical problems related to her parent’s divorce, like her dad not showing up on Sundays and her Mom being mad. When you read the book, you can visualize the situations and understand them from the child’s perspective. This book is suitable for children who are at an independent reading level.

Amber Brown Goes Forth

Paula Danzinger

This book is from a series of books about Amber Brown. This series is designed for girls in 2nd-4th grade. Amber is faced with many divorce-related issues, like sharing holidays etc. This book is appropriate for older, independent readers. Overall it provides real situations that Amber faces as a nine year old girl who is constantly having to experience changes emotionally and physically.

The Day My Mother Left

James Prosek

This book is about a nine year old boy who is dealing with the emotional pain of his parents’ divorce. His mother leaves to live with another man, and his father is depressed. He feels like he is in the middle of his parents’ disputes and is trying to survive the battle. This story is very real – although emotional – and it shows how children can blame themselves for a divorce. In the end, the child finds a way to stay strong for himself and his family.

Kaline Katter master’s Tree House

Haven Kimmel

This book is suitable for ages 7-12. The book is about a young boy named Kaline whose parents are experiencing a rough divorce. His father has disappeared and his mother is struggling to keep things under control. He has 100 dogs in his imaginary tree house that help keep him happy. He learns to cope with the struggles of being an outcast at school and his home life being so difficult

Help! A Girl’s Absolutely Indispensable Guide to Divorce and Stepfamilies

Nancy Holyoke

This book is intended for grades 4 – 8, and it provides advice directly from girls who have experienced their parents’ divorce. The main purpose of the book is to explain that it is not the child’s fault. In the end the book has quizzes and cartoons to engage the child.

It’s Not the End of the World

Judy Blume

Twelve-year-old Karen’s parents are about to be divorced, and she feels she must get them back together again, but ultimately, she learns that they may be better apart.

Don’t Make Me Smile

Barbara Park

A junior high school age boy’s parents plan to get a divorce. He tries to bring them back together, and it beautifully expresses the wide range of feelings the child of divorce experiences.

Taking Sides

Norma Klein

Twelve-year-old Nell adjusts to life with her father and five-year-old brother and weekends with her mom after her parents’ divorce. When her father becomes seriously ill, Nell must deal with new fears, new problems, and living with her mom and friend.

My Parents are Divorced, Too: A Book for Kids by Kids

Jan Blackstone-Ford

This book is written by three children who are related through their parent’s marriages and remarriages. They successfully completed the blending of a family and discuss how to deal with “new” siblings and family situations. It explains the effects of a divorce upon a child from a child’s perspective, and it provides a realistic approach to a serious situation.

Don’t Fall Apart on Saturday’s: The Children’s Divorce-Survival Book

Norma Klein

This book is a guide for parents and children together. This book explains how to manage and deal with the many changes brought about by divorce. It is easy to read and easy to understand. The book tries to help children understand the situation and eliminate any guilt they may feel over their parents’ divorce and timesharing.

What Makes Me Feel This Way?

Eda LeShan

This book helps children identify and explore their feelings about their parent’s divorce.

Things Won’t Be the Same

Kathryn Ewing

Marcy’s mom remarries, and Marcy must learn to accept a new house, a new school, and a new father. Marcy questions whether it is better to live with her own father, her young stepmother and their son Joey.

Teenagers

Gateway

Lee Robinson

My mentor and the lawyer who first taught me how to practice Family Law wrote this gritty, thought-provoking and highly entertaining book. It is set in Charleston, and while it is written for teenagers, adults will also enjoy reading about a couple who divorces in the Holy City.

How it Feels When Parents Divorce

Jill Krementz

My mentor and the lawyer who first taught me how to practice Family Law wrote this gritty, thought-provoking and highly entertaining book. It is set in Charleston, and while it is written for teenagers, adults will also enjoy reading about a couple who divorces in the Holy City.

Healing the Hurt, Help for Teenagers Whose Parents Are Divorced

Mildred Tickfer

An excellent Christian book for teens who are struggling with their parents’ divorce.

Divorce is Not the End of the World: Zoe’s and Evan’s Coping Guide for Kids

Zoe and Evan Stern

Great for ‘preen to teenagers.’ It is written by two children about their feelings and reactions during their parent’s divorce in a manner that other children can understand and relate to. Parents should also read this book.

Dear Mr. Henshaw

Beverly Cleary

This is a compelling novel suitable for older children. It is a chapter book that follows a young boy’s feelings about his parent’s divorce. The story is told as the boy writes to his favorite author about his emotions. He explains what it is like to go to a new school and start over. It also illustrates how the young boy struggles to find his new place in the world. The connection with the author allows the boy to regain his respect for his family and himself.

After The Divorce

After Your Divorce: Creating the Good Life on Your Own

Cynthia Macgregor and Robert E. Alberti

This is a good book to help parties to start the new chapter in their lives after their marriage ends. This book will teach you ways to begin a new life individually without feeling alone. It also provides practical advice for many new “single” situations.

Calling it Quits: Late Life Divorce and Starting Over

Deirdre Blair

This book is a collection of stories about husbands and wives who choose to end long marriages. It also includes stories of adult children of late-life divorces and how their parents’ divorce affects them even though they are adults and no longer living at home with their parents.

Hope for the Separated

Gary D. Chapman

This book teaches that life does not end after divorce. It reassures the reader that there is hope to heal a broken relationship.

When He Leaves: Choosing to Live, Love, and Laugh Again

Kari West and Noelle Quinn

This book is for women who fear they “may never love again” after their marriage ends. The book provides encouragement and inspiration.

Parenting Books – Divorce

Ex-Etiquette for Parents

Jann Blackstone-Ford and Sharyl Jupe

This is written by someone who has lived it! Blackstone-Ford is a divorce and step-family mediator who married Jupe’s first husband. They tackle all kinds of topics including transitions between houses, public event behavior, changing your vocabulary so it is more positive and how to introduce a new partner to your ex and the children. A book like this was long overdue. The authors really encourage people to be a positive role models for the children during this difficult process.

Divorce and New Beginnings: A Complete Guide to Solo Parenting, Co-Parenting, and Stepfamilies

Genevieve Clapp

This book is specifically designed to teach you how to overcome the challenging parenting aspects of a divorce. It is also great to help parents move away from focusing on the divorce and how to get on with your life.

Making Up the Differences: Help for Single Parents with Teenagers

George Alan Rekers & Jordan J. Swihart

A Christian-based book that pinpoints teenagers’ specific needs and the struggles a single parent of a teenager faces trying to raise the teenager without the other parent’s help at home. It also addresses root causes of difficulties and offers clear Christian-centered advice to strengthen parent-child relationships.

Divorced Kids: What You Need to Know to Help Kids Survive a Divorce

Laurene Johnson & George Rosenfel

A very readable book that successfully addresses many areas of parenting specific to divorce and provides an excellent way of practical solutions to everyday problems as well as long-term struggles.

Surviving the Break-Up: How Children and Parents Cope with Divorce

Judith S. Wallerstein & Joan Berlin Kelly

The “classic” book on divorce documents the first major scientific study of the immediate and long range effects of divorce (to five years post-divorce).

Second Chances: Men, Women and Children a Decade After Divorce

Judith S. Wallerstein & Joan Kelly

This book is based on Dr. Wallerstein’s 10 year study of 60 middle class families who experienced divorce and is a novelistic account of the family’s struggles.

Annie Stories

Doris Brett

These are stories designed to calm the fears of children who experience an array of childhood challenges, such as nightmares, starting school, birth of siblings and coping with divorce or the death of a loved one. Dr. Brett shows parents how to adapt each story to the specific needs of their own children.

My Single Mom Life

Angela Thomas

A very practical book for single moms. This book gives sound, spiritually based advice to deal with situations from dating to discipline and everything in between. It is an easy read that will leave you laughing.

Your Divorce Advisor

Diana Mercer

Acknowledgements

We would like to thank the Little, Gilman-Tepper & Batley law firm of Albuquerque, New Mexico and Rob Robertson, Esq, of Austin, Texas for contributing their valuable insight into creating this list.

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