What NOT To Put In A Georgia Prenup
Prenuptial agreements are more common than they ever used to be, but this does not automatically make them easy to understand or to execute. Many couples try to create their own prenup, when in reality, there are certain things that one cannot put in an agreement of that type for a variety of reasons. If you include provisions that are not enforceable, the enforceability of your entire prenup may be at risk.
Personal, Unethical, Illegal
Perhaps the most important thing to keep in mind when executing a prenup is that nothing unethical or illegal can be dealt with in the agreement. Any kind of allusion to inappropriate behavior can render your entire agreement unenforceable, or at the very least, it will be that much more difficult to ensure your other points are taken seriously by the judge. If you stipulate in your prenup that, say, you and your ex-spouse intend to ignore child support guidelines, the judge will wonder what else you intend to do that is unethical or illegal.
Courts also frown on any couple including any personal requirements in a prenup. One cannot, for example, require conjugal relations a certain number of times, or stipulate who is to do the household chores. This is too close to servitude for a court’s liking, and this kind of provision will generally be struck down as being against public policy. Public policy is a principle that states that no civilian or government official can legally perform an act that injures the public, and anything resembling servitude is decidedly injurious to the public.
The other major issue that is seen in Georgia prenups is when couples try to dispose of the right to child support. In Georgia, and in many other states, a duty of support exists for both parents, and the right to collect support belongs exclusively to the child. One cannot delegate that right or waive it, because it does not belong to either parent. Child custody is also off limits in most situations, because to set up such provisions, one would have to do so before the child or children came into being, and courts often frown upon that.
The court will always have the last word on issues concerning custody and support when it comes to children, because Georgia public policy states that the best interests of the child in any legal matter should be of paramount concern. This means that even if it inconveniences the parents, the court will put the child’s interests first – including specifying the time and place when the child’s rights can be discussed and agreed upon.
Call An Atlanta Family Lawyer
Prenuptial agreements are very complex, and it almost always takes an experienced attorney to execute one clearly and correctly. The Atlanta prenuptial agreement lawyers at Buckhead Family Law are ready, willing and able to try and assist you with yours. Contact our office today at 404-600-1403 to schedule an appointment.