Getting married is a very exciting and rewarding experience to share with someone you love. Before the wedding, there are a number of financial issues that should be considered. Depending on your circumstances, it may be in your best interest that you and your spouse draft a prenuptial agreement. Our Cumming family law attorneys at Miles Hansford, LLC, can assist you throughout this process, from determining if this is right for you to drafting the prenuptial agreement.
What is a Prenup?
A prenuptial agreement, commonly referred to as a prenup or "antenuptial" agreement in Georgia, is a legal document drawn up by lawyers on behalf of two people who plan to get married. This contract details each individual's assets and how they'll be handled in the event of a divorce.
Prenups can cover a variety of financial aspects, including:
- Property Rights: A prenup can specify who has the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
- Debt Liability: The agreement can protect each spouse from being liable for the other's debt.
- Separation of Assets: It can help ensure that each spouse leaves the marriage with the property they brought into it.
- Spousal Support: The prenup can determine ahead of time how much alimony a spouse will pay post-divorce, or it might waive alimony altogether.
Every prenuptial agreement in Georgia must be in writing and signed by both parties in the presence of at least two witnesses, who must also sign the document. This ensures the validity of the agreement.
While it might seem unromantic, a prenuptial agreement can provide financial clarity and security for couples before they enter into marriage. It is often used to protect the financial interests of each party and can be particularly beneficial for individuals who have significant assets, own a business, or have children from a previous marriage.
However, the specifics of each case can impact the creation and enforcement of a prenuptial agreement. Therefore, it's always advisable to consult with a legal professional when creating a prenup in Georgia.
How to Get a Prenup in Georgia
Getting a prenuptial agreement in Georgia can be an important part of planning for marriage. A carefully crafted prenup can help you protect your assets, save time and money during divorce, and establish clear expectations before the wedding.
Here are some tips on how to get a prenuptial agreement in the state of Georgia:
- Draft a document: Start by drafting a prenuptial agreement that clearly outlines the rights and responsibilities of each partner. The document should include details on how property will be divided in the event of divorce or death, as well as any other agreements related to your financial security. Make sure both parties fully understand it before signing.
- Have the document reviewed: You should have each of your lawyers review the document before it is signed to make sure it is valid and complies with Georgia law. This will help you avoid any surprises down the line.
- Have a discussion: Before signing, both parties should sit down and discuss their understanding of the agreement. This is a good time to make sure you both agree on the terms and understand what each of you will be responsible for if the marriage ends.
- Sign the agreement: Once everything is finalized, make sure both parties sign the document in front of two witnesses and then have it notarized. It’s important that all parties involved understand the agreement and agree to its terms.
By following these steps, you can ensure that your prenuptial agreement is legally binding and valid in the state of Georgia. It’s important to take the time to make sure everything is documented properly so that both parties are protected if anything should happen in the future. With a prenuptial agreement in place, you can enjoy marital bliss without the worry of how your assets will be divided if something goes wrong.
Our Atlanta Prenup Attorneys
Would you like to learn more about prenuptial agreements? Give our Atlanta prenup attorneys a call at (770) 574-6688 or email us to speak to a knowledgeable lawyer at our law firm. Visit our lawyer reviews to see why clients choose our Cumming family law firm when they need to get a prenuptial agreement in Atlanta and neighboring cities.
Kevin J. McDonoughAttorney & PartnerKevin McDonough, a Partner at Miles Hansford, LLC, focuses his practice on three areas of law: Family Law, Business Law, and Wills and Estates. He works closely with his clients to help identify the goals that are most important to them and then applies a ...
Deborah Anice PittmanAttorney & PartnerDeborah Anice Pittman joined Miles Hansford, LLC in 2016 and is now a Partner in the firm. Her primary practice areas are family law and criminal defense; however, she also handles general civil litigation matters and is a certified civil and family law ...
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