There many reasons why many divorcing South Carolina couples choose to resolve their disputes by entering into marital separation/settlement agreements, rather than having their financial issues resolved by a court. One of the main reasons is cost. In South Carolina, a contested divorce case (one in which the issues have not been resolved by settlement) can involve tens of thousands of dollars in legal fees, and a trial can last for days. In contrast, a hearing to finalize a divorce in which the parties have entered into an agreement often takes less than 15 minutes!.

Under South Carolina law, marital separation agreements are generally enforced, even if the agreement sets forth a financial settlement that is different than what the court would decide. The South Carolina Court of Appeals has held that the family court "must enforce an unambiguous contract according to its terms regardless of its wisdom or folly, apparent unreasonableness, or the parties' failure to guard their rights carefully." Lindsay v. Lindsay, 328 S.C. 329, 340, 491 S.E.2d 583, 589 (Ct. App. 1997). Marital separation agreement (like other types of agreements) are subject to general principals of contract law. Except for provisions that are ambiguous or unclear, you should anticipate that the terms set forth in your marital settlement agreement will be enforced by the Family Court.

An agreement relating to alimony may be file with the Family Court, even if there is no divorce proceeding pending between the parties. The parties may include in their agreement a provision providing that the agreement is not subject to modification by a court

After executing your marital settlement/separation agreement, your divorce case can proceed quickly and without the lengthy and repeated court appearances that you would face if your divorce case were "contested." You submit the marital agreement to the Family Court in the South Carolina county where you reside, with a request that the separation agreement be incorporated into a judgment of divorce. By merging an agreement into a divorce decree, the Family Court transforms it from a contract between the parties into a decree of the court. Emery v. Smith, 361 S.C. 207, 214, 603 S.E.2d 598, 601 (Ct.App.2004). "With the court's approval, the terms become a part of the decree and are binding on the parties and the court." Id. (quoting Moseley v. Mosier, 279 S.C. 348, 353, 306 S.E.2d 624, 627 (1983)). "Thereafter, the agreement, as part of the court order, is fully subject to the family court's authority to interpret and enforce its own decrees." Id. at 214, 603 S.E.2d at 601-602; see Terry v. Lee, 308 S.C. 459, 462, 419 S.E.2d 213, 214 (1992) (stating the family court has exclusive jurisdiction to determine the rights of the parties under an agreement incorporated into a family court decree).