Some view prenuptial agreements in a negative light, perceiving them as putting a damper on the romance of the wedding day or symbol of distrust. However, a deeper look at these contracts demonstrates why more Georgia couples are beginning to grasp the benefits. Prenuptial agreements are a practical way to settle property, alimony, and other financial matters even before marriage. The parties tend to take a more pragmatic approach to divorce-related issues, while they still get along and before bitterness clouds judgment.
Of course, as with any contract, the legal concepts regarding prenuptial agreements are extremely complex. You can rely on our knowledgeable team at Buckhead Family Law for assistance with such tasks as drafting, reviewing, negotiations, and enforcement. Please contact our office to schedule a consultation with a Forsyth County prenuptial agreement lawyer who can advise you on the details. It may also be helpful to review a summary of the basic legal concepts.
Many spouses-to-be realize how these contracts offer security and peace of mind, since the terms of the agreement will ideally eliminate disputes in a potential divorce. However, it is important to understand how Georgia’s statute on prenuptial agreements applies. Your prenup will only achieve your intended goals if it is valid and enforceable, so it must comply with three requirements:
- The prenup is free from fraud, mistake, or misrepresentation of material facts;
- The agreement is not unconscionable, in the sense that it is extremely unfair to one party; and,
- There has not been a crucial change in circumstances since execution of the prenuptial agreement, such that enforcing it later would be unreasonable.
By meeting these criteria, you can create a prenup to address such issues as determination of marital versus separate property, division of assets, and alimony. A premarital agreement cannot cover such issues as child custody, visitation, and support.
As an antenuptial contract impacts one of your most important personal relationships, it is wise to rely on a Forsyth County prenuptial agreement lawyer for assistance. Our attorneys at Buckhead Family Law handle all aspects of the process, which we initially approach by conducting an in-depth consultation with you. Once we understand your circumstances, we can advise you on drafting a prenup; our team is also ready to review a premarital agreement presented to you, so we can ensure you are treated fairly.
In addition, we are prepared to:
- Advocate on your behalf during prenuptial agreement negotiations;
- Enforce the terms of a marital contract as part of a divorce case; and,
- Contest the enforceability of a prenup that does not meet the three requirements above.
If you were presented with a contract in consideration of marriage or want to know more about preparing a prenuptial agreement, please contact Buckhead Family Law to speak to a member of our team. You can set up a consultation with a Georgia prenuptial agreement attorney by calling 404-390-0000 or via our website. Once we review your unique situation, we can explain how the laws work.