Atlanta Prenuptial Agreement Lawyer
At Buckhead Family Law, our Atlanta prenuptial agreement lawyers are dedicated to providing the highest level of legal representation to clients. With a comprehensive understanding of Georgia’s prenuptial agreement laws, we are here to protect your rights. Our firm negotiates, drafts, reviews, and litigates, prenuptial contracts. To set up a strictly confidential consultation with a top Georgia family lawyer, please call our Atlanta office today.
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.
What is a Prenuptial Agreement?
A prenuptial agreement is a contract that parties enter before they marry concerning the ownership of their assets and liabilities should they eventually get divorced. Assuming it is properly drafted, a prenup is legally enforceable in Georgia. While prenuptial agreements are not right for every couple, they are a practical way to address important issues and provide additional security, clarity, and peace of mind.
What to Know About Georgia Law and Prenuptial Agreements
Although Georgia law is clear that prenups are enforceable legal contracts, there are strict rules and regulations that must be satisfied to ensure that any specific premarital agreement is valid. As a starting point, a prenuptial agreement must be in writing. A prenup in the form of an “oral contract” is not valid in Georgia. Next, a prenup should be signed by both parties before a notary public and acceptable witnesses. Further, only certain issues can be addressed within a prenup. For example, you cannot use a prenup for child custody rights or child visitation rights.
As a general rule, each party to a prenup should hire their family lawyer to assist with the negotiating, drafting, and reviewing of the terms of the agreement. There are a number of different grounds on which a prenup can be invalidated in Georgia, including misrepresentations by the drafting party, failure to disclose certain material financial information, and duress. An Atlanta, GA family lawyer can help you with your prenup.
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 in the presence of a Notary Public and two witnesses. 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.
You Can Rely On Buckhead Family Law for Prenuptial Agreements
Prenuptial agreements can be complicated. At Buckhead Family Law, our practice is focused on bringing clarity and legal protection to our clients. Melissa Davis Strickland and Malone W. Allen are experienced prenuptial agreement lawyers. When you call our Atlanta office, you will be connected to an attorney who is prepared to:
- Answer your questions about prenuptial agreements in Georgia; and
- Advise you with the negotiation, drafting, or litigation of a prenup.
A prenuptial agreement that is simply a formulaic legal document is not good enough to protect your rights. Prenups should always be drafted to meet the specific needs of the parties. With a focus on personalized representation, our Atlanta, GA family lawyers will get things done the right way.
Call Our Atlanta, GA Prenuptial Agreement Attorneys for Immediate Help
At Buckhead Family Law, our Atlanta family lawyers have extensive experience advising clients on prenuptial agreements and related matters. If you have questions about your rights or prenuptial agreements in general, we are here to get you answers. Contact us now for your fully confidential consultation. From our legal offices in Atlanta and Marietta, we represent clients all over Georgia.