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 prenuptial agreement may not be romantic, but it may save you time, money, frustration and stress down the road. If you are considering a prenuptial agreement one of our Gwinnett County prenuptial agreements lawyers can help you decide if a prenuptial agreement is right for you. Call today, and work with an accomplished marital agreements attorney that could help you protect your assets.

What is a Prenuptial Agreement?

The primary purpose of entering into this type of agreement is to protect your financial interests. A prenuptial agreement is a contract entered into by parties prior to marriage that allocates property, assets, and debts in the event the marriage is terminated. Some reasons couples enter into prenuptial 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 an Agreement

A prenuptial agreement must meet certain criteria in order to be valid. A court will evaluate a prenuptial agreement following the guidelines set out in Georgia case law. The Georgia Supreme Court has held that in order to be enforceable a prenuptial agreement 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 Prenuptial Agreement

There are several common mistakes that could cause an agreement to be ruled invalid. The agreement 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 the agreement.

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

If an agreement 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.

Contacting an Attorney To Discuss Prenuptial Agreements in Gwinnett County

Parties entering into a prenuptial agreement 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 on the prenuptial agreement with an experienced lawyer in Gwinnett County. Call today to get started on your agreement.

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