Georgia Prenup Agreements
Alpharetta and Woodstock Prenuptial Agreement Lawyer
Prenuptial agreements are enforceable in Georgia in most cases. However, there are a number of issues that can render “prenups” unenforceable; and, in order to serve its intended purpose, a prenuptial agreement must be carefully drafted with the parties’ particular goals and circumstances in mind. As a result, if you are considering a prenup, or if you are preparing to go through a divorce with a prenup, it is important that you speak with an experienced Alpharetta or Woodstock prenuptial agreement lawyer so that you can effectively protect your legal rights.
Attorneys for Drafting and Negotiating Prenuptial Agreements in Georgia
Our attorneys offer extensive experience representing fiancés with regard to the preparation of prenuptial agreements. We can help you thoroughly consider all of the various issues that you might want to address in your agreement, and we can provide you with advice for discussing your desire for a prenup with your spouse. If your fiancé is requesting a prenup, we can help you understand why, and we can help ensure that your agreement includes appropriate provisions for providing stability and resolving conflicts during your marriage.
A prenuptial agreement can serve many different purposes—and a well-drafted one will. For example, our attorneys routinely draft and negotiate prenups that contain provisions regarding things like:
- Ownership of separate property (including appreciation in value of separate property)
- Financial management responsibilities
- Savings contributions and discretionary spending allowances
- Financial support for children from prior relationships
- Estate planning protections
- Income tax planning
- Ownership and control of privately-held businesses
- Alimony rights in the event of a divorce
- Marital property rights in the event of a divorce
- Deciding how you will resolve disputes during your marriage
Prenup Enforcement Issues During a Divorce
As a general rule, prenuptial agreements are legally enforceable in Georgia. But, there are exceptions. If you have a prenuptial agreement and you are preparing to go through a divorce, one of the first things you will need to do is have a Woodstock prenuptial agreement lawyer review your prenup to determine if it is likely to be enforced by the judge who presides over your divorce. Examples of issues that can render a prenuptial agreement unenforceable in Georgia include:
- Fraud, Duress or Misrepresentation – If one fiancé withheld material information, misrepresented key facts or unduly pressured the other into signing, then their prenup may be unenforceable.
- Unconscionability – A contract is “unconscionable” if it is so unreasonably unfair that no reasonable person acting of their own free will would sign it if they understood its terms. Unconscionability is grounds for setting aside a prenuptial agreement in Georgia.
- Material Change in Circumstances – In Georgia, a prenuptial agreement can also be rendered unenforceable due to a material change in circumstances that renders enforcement of the agreement unfair.
Speak with a Woodstock or Alpharetta Prenuptial Agreement Attorney in Confidence
Do you have questions about signing a prenuptial agreement or how your prenuptial agreement will impact your divorce? To schedule a free and confidential consultation with an attorney at our offices in Alpharetta or Woodstock, please call 678-394-3566 or request an appointment online today.