Atlanta Prenuptial & Postnuptial Agreement Lawyers
Experienced Legal Counsel for Marital Contracts in Georgia
Prenuptial agreements have become more and more common in society for couples anticipating marriage. This is due to the fact that parties entering marriage are often both employed, may have their own assets and property acquired prior to marriage, may be bringing in children from previous relationships that they wish to financially protect, or have other financial arrangements that they wish to safeguard should the marriage end in divorce. These agreements will thus lay out the specifics as to their rights and obligations concerning these matters. When such agreements are created after the marriage has taken place, they are referred to as postnuptial agreements.
At KF Law, LLC, our family law team can provide the guidance and representation you need when creating these agreements either before or after your marriage has taken place. You will want to ensure that your agreement is negotiated and drafted according to Georgia legal standards to ensure its validity and enforceability. With decades of experience helping individuals negotiate and outline the financial terms of such agreements, our firm stands ready and able to provide invaluable assistance in creating such a contract to fit your individual circumstances and objectives.
Prenuptial & Postnuptial Agreements in Georgia
Prenuptial and postnuptial agreements are contracts. Thus, they must be entered into as such and contain clear and specific language as to the financial arrangements, rights, and obligations they specify. Their main purpose is to spell out how property, assets, and debts will be divided or retained should the marriage end in divorce. They can also clarify if alimony will be paid by one spouse to the other and the terms of such alimony. However, they cannot create child custody, visitation, or child support terms which must be resolved by family courts where minor children are involved in a Georgia divorce.
In creating such agreements, full financial disclosure between the parties must occur. Separate property acquired prior to the marriage may be specified and thus remain separate if it is not commingled or brought into the marital estate. Clarifying what each party owns and owes prior to the marriage is essential. How property, assets, and debts acquired during the marriage will be divided should be delineated. Examples of issues that need to be clarified are inheritances you may receive during the marriage or inheritances you may wish to give to children from a prior marriage, how retirement accounts, business interests, professional practices, or other investments will be handled, and who will be responsible for debts and liabilities.
Prenuptial and postnuptial agreements can be challenged in court and declared invalid under circumstances such as the following:
- Full financial disclosure was not made
- The agreement was entered into under fraud or duress
- A misrepresentation of the facts was given
- A material and extreme change in circumstances has occurred since the contract was made
Ensure You Are Fully Protected
To ensure that your contract stands up in court, it is advised that both parties seek representation and overview from separate attorneys. An experienced attorney at our firm can advise, draft, review, or amend your agreement to make it better adhere to legal requirements. We can also help you negotiate the terms of the agreement to ensure that all of your legal rights and financial matters are protected. Our firm includes the representation of attorneys who have an extensive background and experience in the area of finance and assets that can be crucial to these agreements.