25-2-18. Content.
(a) Parties to a premarital agreement may contract with respect to:
(1)The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(2)The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(3)The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(4)The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
(5)The ownership rights in and disposition of the death benefit from a life insurance policy;
(6)The choice of law governing the construction of the agreement; and
(7)Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(b) The right of a child to support may not be adversely affected by a premarital agreement.
Source: SL 1989, ch 216, ยง3.
Structure South Dakota Codified Laws
Chapter 02 - Rights And Obligations Of Marriage
Section 25-2-1 - Respect, fidelity, and support.
Section 25-2-3 - Joint tenancies and tenancies in common.
Section 25-2-4 - Rights in separate property.
Section 25-2-5 - Recording inventory of spouse's separate property--Prima facie evidence.
Section 25-2-6 - Separate property not liable for debts of spouse.
Section 25-2-7 - Property rights and powers of spouse.
Section 25-2-8 - Conveyance of spouse's separate property.
Section 25-2-10 - Property transactions of husband or wife--Transactions between spouses.
Section 25-2-11 - Joint and several liability for necessaries.
Section 25-2-12 - Right to spouse's earnings--Earnings of minor children.
Section 25-2-14 - Responsibility for acts of spouse.
Section 25-2-15 - Spouse's power to sue.
Section 25-2-16 - Definitions.
Section 25-2-17 - Formalities.
Section 25-2-19 - Effect of marriage.
Section 25-2-20 - Amendment--Revocation.
Section 25-2-21 - Enforcement.
Section 25-2-22 - Enforcement--Void marriage.
Section 25-2-23 - Limitation of actions.