Marietta Prenuptial Agreement Lawyer
A prenuptial agreement is a legal contract between two people about to get married. It is an excellent document to have and allows both people to enter the marriage with eyes wide open. Long thought to be only a tool for the rich, prenuptial agreements can benefit many people. If you are interested in creating one, or if your soon-to-be-spouse has sprung one on you, please contact Buckhead Family Law. Our Marietta prenuptial agreement lawyer will ensure you are protected.
What a Prenuptial Agreement Can Do
Our clients use a prenuptial agreement most often to determine each spouse’s legal rights in the event of divorce or death. For example, divorcing couples have an equitable right to marital property. But a couple can identify what property is marital or separate ahead of time in a prenuptial agreement. This is often beneficial if one spouse owns a small business.
Generally, many couples use a prenuptial agreement when one spouse is much wealthier than the other. The wealthier spouse hopes to avoid being taken to the cleaners on divorce. Likewise, the less wealthy spouse can request a certain amount of marital property should they divorce.
Spouses can also waive a right to alimony in a prenuptial agreement, or they can agree an amount and duration one spouse will get if they divorced.
Prenuptial agreements can also protect the inheritance of children from a previous relationship. If you married after creating a will, your spouse is entitled to certain support even if left out of the will. Some spouses can also petition the court for support for a year or possibly longer. A spouse can waive these rights in a valid prenup.
What a Prenuptial Agreement Cannot Do
Some topics are off limits in a prenup. For example, you cannot decide child custody in the agreement. Instead, a judge always retains the power to decide custody based on the best interests of the child.
Couples also cannot decide on child support in the event of divorce. Georgia has guidelines, and a parent cannot waive child support on behalf of a child. However, a parent could agree in a prenup to provide for a child’s college expenses or other support into adulthood.
Creating a Valid Prenuptial Agreement
To be effective, a prenuptial agreement must follow certain formalities. In Georgia, we require that they be in writing and signed before a notary and two witnesses. If an agreement is not created properly, then a judge can set it aside.
Prenuptial agreements cannot be procured by fraud, misrepresentation, duress, or coercion. As an example, a person cannot take advantage of their partner being in a drunken state to get them to sign one. A person also cannot lie about what is being signed. Ideally, each spouse will have their own lawyer to review and negotiate.
Experienced Marietta Prenuptial Agreement Attorney
At Buckhead Family Law, we draft and negotiate prenuptial agreements with an eye to protecting your rights. When done properly, a prenuptial agreement can dramatically reduce stress and disagreement during divorce or after one spouse passes. For help, contact our office today to schedule a consultation with our Marietta prenuptial agreement lawyer.