In many cases, soon-to-be spouses may wish to determine how pertinent financial and legal affairs would be handled in the event of a divorce. Under such circumstances, future marriage partners may elect to draft a pre-marital agreement to address and formalize solutions to these concerns.
However, these marriage contracts may only be adopted after following specific legal procedures and typically with a family attorney’s assistance. If you are seeking to enter such an arrangement, a Fulton County prenuptial agreements lawyer’s counsel might be necessary for you and your partner to achieve a mutually satisfactory agreement. Arrange for a meeting with our team of diligent marital agreements attorneys and we could help explain the important parts of such an agreement that you may want to consider.
Official Code of Georgia §19-3-62 governs prenuptial agreements in Georgia, which are also legally known as antenuptial contracts. These legally enforceable arrangements enable individuals to establish specific guidelines dictating each spouse’s rights and responsibilities prior to marriage.
“Prenups” may also be written to establish provisions determining how a couple would resolve certain issues if they were to separate. They might alternatively be drafted in circumstances such as one spouse entering the marriage with sizeable financial assets in need of protection, or one spouse coming out of a previous marriage with children from another person.
Antenuptial contracts may address a variety of legal and financial responsibilities, such as:
The preceding issues are merely common provisions included in some prenuptial contracts. Signing parties should voice any issue or concern they have prior to the pre-marital contract’s ratification, or have a Fulton County attorney do so on their behalf.
Critically, prenuptial agreements may not include any provisions pertaining to the future couple’s children. While these contracts can discuss and address the signing parties’ preferences in this regard, they cannot establish any legally binding arrangement when it comes to child support or custody. In Georgia, courts have sole authority to rule on divorce-related issues pertaining to children and must do so solely in the best interests of the children.
In order to complete the process of establishing a pre-marital agreement in Fulton County, prospective spouses generally need to follow several steps. After hiring a qualified lawyer to represent their individual best interests, parties must disclose all assets and liabilities that should be part of the prenup contract.
Once all pertinent issues are established, the negotiation process commences. When all key matters are agreed upon, the signing parties and their attorneys can sign official prenuptial documentation and file the agreement with a court. Assuming negotiations proceed smoothly and effectively, the process may be completed in a relatively short time.
Prenuptial agreements can be an effective method of assigning responsibilities to each marriage partner and providing an avenue for conflict resolution should disputes arise. That said, you can only formally establish such an arrangement after abiding by official procedures.
With the aid of a Fulton County prenuptial agreement lawyer from our team, the process need not be a lengthy endeavor that consumes valuable time and energy. Reach out today to set up an initial consultation and discuss your options with a knowledgeable attorney.