In order to help couples resolve future issues before their marriage begins, Georgia law permits prenuptial agreements—also called ante-nuptial agreements or premarital agreements—to be made between two individuals before they exchange vows. A prenuptial agreement preemptively addresses how the couple would address various issues related to property, money, and assets in the event of a divorce or separation.
A Cobb County prenuptial agreement lawyer could provide you and your future spouse with more information about how these arrangements function for different couples. One of the qualified family law attorneys on our team could review your options with you and help you construct an agreement that is right for you.
Under Official Code of Georgia Annotated §19-3-62, prenuptial agreements must be in writing, signed by both spouses to whom it applies, and signed by at least two witnesses, one of whom must be a notary public. Minors may enter into prenuptial agreements as long as they are of legal age to marry, according to O.C.G.A. §19-3-61.
Prenuptial agreements often contain provisions that distribute or divide property in the event of a separation or divorce. They may also contain provisions relating to spousal support, or alimony, in Georgia. A Cobb County prenuptial agreement lawyer could answer any questions individuals have on prenuptial agreements and how one might work within their marriage.
By default, courts usually divide marital—or shared—property when a couple obtains a divorce. However, couples may use their prenuptial agreement to decide on alternative ways of dividing their property, so long as the agreement they reach is fair and equitable to both parties.
For example, an individual spouse may wish to ensure that they keep possession of a meaningful piece of property or a specific valuable asset. To that end, a couple may decide who can keep a certain type of property, such as any future residences. In addition, couples can decide whether their property is to be divided in a specific way or by a specific percentage.
A spouse who may want to seek alimony in the event of a separation or divorce may benefit from doing so in their prenuptial agreement rather than relying on a court to allocate appropriate payments. Through such an agreement, couples may structure their alimony provisions in several different ways.
Alimony payments may either be paid in a lump sum or dispersed periodically. Lump sum payments occur only once, usually after the divorce is finalized, while periodic payments occur regularly over a period of time, such as every month.
Alternatively, a couple could structure alimony payments consistently based upon a specific event or occurrence—for instance, if one spouse has a significantly higher salary than the other at the time of the divorce. Prenuptial agreement lawyers in Cobb County could help individual couples determine what kind of arrangement would best suit their needs and best interests.
If you are about to get married or thinking about getting married, you may benefit from a prenuptial agreement. Prenuptial agreements can help you and your spouse resolve potentially difficult issues such as property distribution in advance of any future separation or divorce.
For any questions about prenuptial agreements in Georgia, contact a Cobb County prenuptial agreement lawyer as soon as possible. A member of our firm could sit down with you and advise you on how prenuptial agreements work and how they could benefit your specific situation.
Atlanta Divorce Law Group