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There is nothing romantic about discussing finances and legal contracts, and a prenuptial agreement may be the last thing you want to think about as you are preparing to get married. Even so, your marriage may benefit from you and your fiancé speaking candidly about difficult issues before your wedding. Premarital agreements are binding contracts in Georgia and could help you and your intended spouse plan for the future if your marriage ends in divorce.

If you want to learn more about these contracts and how they might protect your assets in a divorce, connect with an attorney on our team. A Cherokee County prenuptial agreements lawyer from our firm can meet with you to determine whether a prenup is a good option in your case.

Premarital Contracts in Cherokee County

A prenuptial agreement, also known as a ‘prenup’ or an ‘antenuptial’ contract, is entered into before a couple marries and defines their rights and obligations in the event of a future divorce. According to Official Code of Georgia Annotated §19-3-60, you may define terms for spousal support and the division of property in a premarital agreement. Prenups are legally binding and enforceable by a local family law judge.

Addressing Finances and Property Ownership with a Prenup

It is a common misconception that prenups are only useful in high-asset cases. Anyone who owns property or intends to acquire more after they marry could benefit from a prenuptial contract. Rather than having state law control their finances, a prenup allows a couple to decide for themselves what will happen to their assets if they divorce.

Under state law, a prenup can address various issues relating to a couple’s income, assets, and debts, including but not limited to:

  • Whether property acquired during the marriage will be deemed marital or nonmarital;
  • Identifying assets acquired before the wedding as separate property and not subject to division upon divorce;
  • Setting terms for the amount and duration of spousal support or waiving it; and
  • The division of marital debts.

Additionally, if either spouse incurred substantial debt before marriage, the other might want to ensure that they are not responsible for that debt after divorce. A prenup could also address support for either spouse’s children from a previous relationship. A party who has previously divorced may want to avoid the legal fees and contention that a divorce could generate by entering a signed premarital agreement.

Terms on Child Custody

Prenups cannot address custody and child support issues because a lot can change during a marriage. In other words, provisions that may have been reasonable when the parties signed it might not be in a child’s best interests at the time of their parents’ divorce.

Requirements for a Valid Prenup

In addition to being signed by both parties in front of two witnesses, the following requirements must be met for a prenuptial contract in Cherokee County to be valid and enforceable:

  • Each party must voluntarily agree to the terms of the contract without undue pressure from anyone;
  • The agreement must be reasonably fair to both parties;
  • Each party must receive enough time to review the contract and discuss it with their attorneys; and
  • Both parties must fully disclose their income, assets, and debts before entering the prenup.

A prenup may still be binding if either party’s financial circumstances change dramatically during the marriage or if they commit adultery. An experienced attorney in Cherokee County can help ensure that your prenup meets Georgia’s legal contract requirements.

Consult a Cherokee County Prenuptial Agreements Attorney

Agreeing to a prenup might feel like you are giving up on your marriage before it even starts, but planning for the possibility of a divorce does not mean it is guaranteed to happen.

Whether you have a premarital agreement or not, your property and debts will be divided upon divorce. But without a prenup, a court will decide these issues for you. If you want to control your finances without involving a court, let a Cherokee County prenuptial agreements lawyer from our firm draft a binding contract that addresses your unique circumstances. Call us today to get started.

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