Atlanta Prenuptial Agreement Lawyer
A prenuptial agreement is a practical way to address important issues in a marriage that provides security and peace of mind to both spouses. Prenuptial agreements must be carefully drafted by a knowledgeable and experienced Atlanta prenuptial agreement lawyer to help ensure they will be valid and enforceable if they are ever needed. Read on to learn why many couples choose to enter into a prenuptial or postnuptial agreement in Georgia, and contact Buckhead Family Law if you are in the Atlanta area and are considering the merits of a prenup in your upcoming marriage.
Requirements for a valid prenuptial agreement in Georgia
A prenuptial agreement is a contract entered into by two persons who are contemplating marriage, and it becomes effective upon marriage. To be valid in the state of Georgia, a prenuptial agreement should be in writing, signed by both parties and two witnesses and filed or recorded with the county clerk. A prenuptial agreement may later be challenged if it was signed based on fraud, coercion or mistake, or if it was too one-sided and unfair at the time it was written.
The parties to a prenuptial agreement are free to negotiate the document on a wide variety of topics. Typically, the agreement will address issues such as alimony and the division of marital property in the event of a divorce, but a prenup can do other things as well, such as require the making of a will by one or both spouses, or the purchase of an insurance policy and naming of a beneficiary. Child custody and child support are off-limit topics in a Georgia prenuptial agreement, however.
Reasons why couples choose to create Georgia prenuptial agreements
A common reason for a couple to create a prenuptial agreement in Georgia is when there is a large difference in the income and assets of the two people going into the marriage. The wealthier individual may want to ensure he or she is not taken advantage of in a divorce, while the less wealthy individual will want to make sure he or she is fairly taken care of. Another reason for one party to wish to protect pre-marital assets is when the individual is an owner or co-owner of a business with others.
Another typical reason many couples opt for a prenup is when one or both individuals have previously been married and suffered through a difficult divorce. Even if the previous divorce was amicable, they may have children from the previous marriage, and they want to ensure the new marriage does not cut those children out of their inheritance. With a prenuptial agreement in place, they can protect themselves from another courtroom battle if the marriage turns sour while making sure the outcome of the divorce orders suits their needs.
Even if there is no compelling need for a prenuptial agreement, using one can still give each spouse security and peace of mind about the upcoming marriage. By disclosing each party’s financial situation, including both assets and liabilities, the couple begins their marriage with a greater deal of trust based on this open and honest communication and understanding of their financial situation and expectations for the future.
Postnuptial agreements are valid in Georgia
Perhaps there was not enough time to draw up a prenuptial agreement and have both parties review it before the wedding, or maybe one party drew up a prenup, but the other party was feeling to pressured to sign. Sometimes a couple are not ready to create a prenuptial agreement, or they feel that injecting too much practicality into wedding planning will spoil the romance. Still other times, couples simply do not see the need for a prenuptial agreement, but at some point during the marriage one spouse receives a sizeable gift or inheritance, one spouse starts a business, or the arrival of children or marital discord points up the need for an agreement.
Fortunately, Georgia law recognizes the ability of a married couple to enter into a postnuptial agreement during the marriage. A postnuptial agreement can address the same concerns as a prenuptial agreement and becomes a binding contract when it is signed by both parties.
Professional Legal Representation in Atlanta Prenuptial and Postnuptial Agreements
Having an attorney review a prenuptial or postnuptial agreement is critical to making sure the document meets your needs, and also that it will be declared valid and enforceable in court if it is ever needed. At Buckhead Family Law, we negotiate, draft and review prenuptial and postnuptial agreements with a careful eye. We take the time and attention to understand your needs and ensure you get the agreement you want. Call our family law office at 404-600-1403 to discuss your prenuptial or postnuptial agreement with a knowledgeable and experienced Atlanta prenuptial agreement lawyer.