Marriage can be a significant milestone in a person’s life. However, you may not want to enter a marriage without first drafting a written agreement which details how assets or parenting time would be allocated between you and your partner upon divorce or separation. A marital agreement may be a wise choice if you and your fiancé want to solidify important matters before your union is legitimized.
If you would like to explore this option, consider enlisting the help of a diligent Atlanta prenuptial agreement lawyer. A knowledgeable family law attorney from our firm can help determine what should be included in your marital contract in order to meet your family’s needs.
Official Code of Georgia Annotated §19-3-60 defines a prenuptial agreement — which may also be referred to as an antenuptial agreement — as a contract entered into before marriage which outlines partners’ property rights. It can also delineate the terms of a future settlement if the marriage dissolves in the future.
O.C.G.A. §19-3-62 mandates that a premarital contract must be in writing and signed by both partners as well as witnessed by at least two other people. One of the required two witnesses must be a notary public.
State law requires that such documents be interpreted liberally, which means that informal wording may not invalidate an agreement. However, couples should still generally speak to separate legal counsel prior to signing. A dedicated Atlanta prenup attorney can help couples draft a document which adequately anticipates their marital issues.
Although minors may sometimes lack the capacity to enter into a binding contract, O.C.G.A. §19-3-61 allows a person who is younger than 18 to sign a prenuptial contract so long as they are of the legal age to be wedded. However, minors may need the consent of their parents before they can get married.
Premarital documents may outline separate property owned by either partner. In the event that their marriage is dissolved, either partner may then leave with their respective assets.
O.C.G.A. §19-3-64 allows a person to voluntarily transfer property to their partner via a premarital agreement. Such documents may also express the intent to change the singular ownership of real estate into jointly-held property upon marriage.
Couples can also pre-define the amount of spousal support that one of them would receive if their marriage ends, and a document’s terms may address issues about child custody or support to some extent as well if the couple already shares children. A seasoned prenuptial contracts lawyer in Atlanta should be familiar with viable terms for an antenuptial document and can recommend what to include to ensure that a family’s needs are adequately met.
If you and your fiancé are considering creating a premarital contract, it may be helpful to retain qualified legal counsel to assist you with drafting an enforceable document. A skilled Atlanta prenuptial agreement lawyer can be an excellent resource in this regard, so call our intake team today to schedule an initial consultation.
Atlanta Divorce Law Group