If you are getting married, you are probably feeling excited about the future. You may not want to think about the possibility of the marriage ending or even discuss it with your future spouse, but it may be smart to do so.

A pre-marital contract may not be romantic, but it may save you time, money, frustration, and stress down the road. If you are considering a prenup, one of our Gwinnett County prenuptial agreements lawyers can help you decide whether such a construct is right for you. Call today, and work with an accomplished marital agreements attorney to effectively protect your assets.

What is a Prenuptial Agreement?

The primary purpose of entering into a prenup is to protect your financial interests. A prenuptial contract is entered into by parties prior to marriage and allocates property, assets, and debts in the event the marriage is terminated. Some reasons couples enter into pre-marital agreements include:

  • To protect a business the couple or one party owns from being divided;
  • To protect one spouse from becoming responsible for the other spouses’ debt; and
  • To limit spousal support in the event of a divorce.

A prenuptial agreement cannot address issues of child custody, parenting time, or child support.

Criteria to Meet when Drafting a Prenup

A prenuptial contract must meet certain criteria in order to be valid and enforceable in Gwinnett. A court will evaluate a pre-marital agreement following the guidelines set out in Georgia case law. The Georgia Supreme Court has held that in order to be enforceable, a prenup must be assessed under certain criteria, including:

  • Whether the agreement is reasonable;
  • Whether both parties willingly entered into the agreement;
  • Whether both parties were fully informed of each other’s assets and motivations; and
  • Whether any circumstances changed since writing the agreement that would make it unenforceable.

Mistakes to Avoid when Drafting a Pre-Marital Contract in Gwinnett

There are several common mistakes that could cause a prenuptial agreement to be ruled invalid. Prenups must be in writing and signed by both parties. An agreement may also be invalid if one party was pressured to sign it or was not given adequate time to read and consider its terms.

It is important to be honest and disclose all income and assets when entering into a prenuptial contract with your future spouse. In order to make sure that each party has all the necessary information for a pre-marital agreement, each party should have their own independent attorney who can help make sure their interests are protected.

If a prenup is substantially unfair to one side or will allow one party to prosper while the other faces economic hardship, the agreement may be considered unenforceable.

Discuss Prenuptial Agreements in Gwinnett County with an Attorney

Parties entering into a pre-marital contract can agree to whatever terms they would like, but it is important to make sure that it is considered enforceable in a Georgia court. The best way to ensure this is to work closely with an experienced Gwinnett County prenuptial agreements lawyer. Call today to get started on your contract.

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