Georgia courts may refer to a prenuptial agreement as an “antenuptial” agreement. These agreements protect assets and property before marriage, giving peace of mind to couples looking to tie the knot.
A Georgia prenuptial agreement may address property division, alimony, and the division of retirement accounts in the event of a divorce. A prenuptial agreement may not address child custody, child support, and non-financial stipulations (such as dictating how often your mother-in-law can visit).
A valid Georgia prenuptial agreement must adhere to the following rules:
According to mediate.com, as many as 44 percent of single adults believe it’s a good idea to enter into a prenuptial agreement—and 15 percent of those going through a divorce regret that they chose not to enter into a prenuptial agreement. Unfortunately, even though many people believe having a prenuptial agreement is a good idea, few want to bring the subject up during the throes of romance.
Couples should view prenuptial agreements in Georgia pragmatically, similarly to how we view life insurance—a plan for the future and the unexpected.
A well-written prenuptial agreement protects each spouse’s separate property, addresses spousal maintenance or alimony, and creates a plan for the division of marital property. Rather than viewing a prenuptial agreement as an admission that the marriage will fail, couples should consider it an agreement that will benefit both parties IF the marriage fails.
Most people will—and should—seek legal counsel when contemplating a prenuptial agreement. You might remember that Steven Spielberg ended up paying out $100 million to ex-wife Amy Irving because their prenuptial agreement was written on the back of a napkin and deemed invalid by the court.
While most couples are concerned with cost, it is much cheaper and more intelligent over the long run to have your prenuptial agreement professionally prepared by an attorney. Prenuptial attorneys have the experience and knowledge regarding prenuptial agreements. Therefore, they will know how to properly word the agreement and execute the technical details without a hitch.
Your attorney will know that both parties must make complete financial disclosures and sign the document within strict time requirements. The prenuptial agreement may not have illegal statements within the document. An incorrectly drafted or signed prenuptial agreement from a DIY template has a high likelihood of being considered invalid—and, therefore, unenforceable. In short, a “free” prenup could cost you thousands—or hundreds of thousands—of dollars because of a single mistake.
While nobody goes into a marriage thinking it will end, divorce rates remain high. You don’t need to be wealthy or famous to have a prenuptial agreement, any more than you need to be rich or famous to have life insurance, home insurance, car insurance, or health insurance.
A prenuptial agreement benefits both parties, not just the one initiating the request. Once you draft and sign a legal prenuptial agreement, you can rest easy knowing that you and your spouse have financial protection no matter what the future holds.
If you have questions about prenuptial agreements, divorce, or family law matters, our Atlanta divorce lawyers are here to help.
At Hobson & Hobson, P.C., our Atlanta prenup attorneys work quickly to guide you through drafting or enforcing a prenuptial agreement. We know how important these documents are to marriages and protecting assets before marriage. That’s why we work with you to protect what you value most and can help you enforce it during a divorce.
Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
