Johns Creek Prenuptial Agreement Lawyer
It is becoming more and more common for engaged couples to address how they will resolve any financial issues in the event of divorce, before actually tying the knot. Often, this takes the form of a prenuptial agreement, in which the parties grapple with issues like property division and alimony. These agreements must, however, comply with a host of requirements to be enforceable, so if you and a loved one are preparing for marriage, you should consider speaking with an experienced Johns Creek prenuptial agreement lawyer who can ensure that your contract adheres to Georgia law.
What are Prenuptial Agreements?
Prenuptial agreements are a type of contract entered into by two people before they get married. These agreements can cover a wide range of topics, but generally outline the parties’ responsibilities and rights regarding property and assets upon divorce. Couples who don’t have this kind of agreement in place and who cannot reach an agreement during divorce proceedings, will leave issues like property division and alimony in the hands of a court, which will be strictly guided by state law. Prenuptial agreements, on the other hand, allow parties to come up with their own arrangements in a way that suits their unique needs.
Is a Prenuptial Agreement Right for Us?
Prenuptial agreements aren’t right for everyone. There are, however, certain individuals who should strongly consider entering into this type of contract before marriage, including:
- Anyone who has significant, unique, or valuable assets;
- Business owners;
- Individuals who have children from another marriage;
- Those with significant debts; and
- Anyone who is planning on receiving an inheritance.
Prenuptial agreements primarily deal with a couple’s property, including how any marital assets that they accumulate during the marriage will be divided. For this reason, those who own businesses, have significant debt, or are worried about leaving an inheritance to children from a different union, often decide to enter into prenuptial agreements.
What Things Cannot be Included in a Prenuptial Agreement?
There are also certain things that prenuptial agreements cannot address. These agreements cannot, for instance, absolve a spouse of responsibility for paying off debts that he or she brought into the marriage. Prenuptial agreements can also not be used to address issues related to child custody and support. Instead, couples will need to address these issues if or when they decide to end their marriage.
Execution and Disclosure Requirements
In Georgia, a prenuptial agreement will only be enforced if it is in writing, was witnessed and signed by at least two people, and was properly filed with the court. Furthermore, couples are required to comply with strict rules when disclosing their assets and must have the opportunity to speak with an attorney before signing. Those who fail to abide by these rules could end up having their agreement ruled unenforceable by the court.
Experienced Johns Creek Prenuptial Agreement Lawyers
To ensure that your own prenuptial agreement is valid and enforceable, please contact the experienced Johns Creek prenuptial agreement lawyers at Buckhead Family Law today. A member of our legal team can be reached at 470-600-6699 or by online message.