Oftentimes parties seek a prenuptial agreement in advance of getting married in order to define certain rights and responsibilities in an effort to minimize the expense and emotional burden of a divorce down the road. The prenuptial agreement can specifically define who is entitled to what assets and how certain assets and liabilities are… Read More »
A prenuptial agreement is an agreement reached between parties prior to their marriage. The agreement can define each party’s rights and responsibilities with respect to assets and the division of those assets in the event of a divorce. And those terms can vary from Georgia law.
A postnuptial agreement is similar to a prenuptial agreement, except that it’s executed after the parties have married. It’s often done to advance reconciliation of the parties and it can define the parties’ rights and responsibilities with respect to assets and liabilities in the event of a future divorce.
Prenuptial agreements can be amended after marriage if agreed to by both parties. It requires that the agreement be modified with the same formality as the original prenuptial agreement, meaning it needs to be in writing, signed by both parties, witnessed by two other individuals and notarized.
Prenuptial agreements and postnuptial agreements cannot define rights and responsibilities with respect to child support or child custody. The court retains jurisdiction over those issues as custody is determined by the best interest of the children at the time of the divorce. And child support is also fixed at the time of divorce.