A prenuptial agreement, also referred to as an ante-nuptial contract or “marriage article,” is entered into by two individuals prior to getting married. These agreements can be used to predetermine how a couple’s assets and finances should be handled if they ever get divorced or separated.
If you are contemplating marriage and wish to explore the possibility of entering into a prenuptial contract, consider reaching out to a knowledgeable family law attorney from our firm. Having a steadfast Milton prenuptial agreement lawyer help draft or review the terms of a contract on your behalf is critical to ensuring its enforceability in the future if it becomes necessary.
Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) established the criteria for determining whether a prenuptial agreement is valid. It is first essential to discern whether the contract was entered into through duress, fraud, nondisclosure, or misrepresentation of material facts. In other words, two individuals entering into a prenuptial agreement must disclose all of their assets and liabilities beforehand.
If the terms of a contract are exceptionally unfair to one of the spouses, it may be considered invalid by the courts. Additionally, at dissolution, family law judges must consider any changes in facts or circumstances that have occurred since the prenup was signed that would render it unenforceable. Any changes that were reasonably foreseeable at the time the agreement was entered into likely would not be enough to invalidate it.
There are several important benefits and drawbacks associated with prenups. The most obvious benefit of entering into a prenuptial agreement is property protection in the event of divorce or separation.
A couple who is contemplating getting married can agree in advance on how their property would be divided upon divorce in order to avoid a costly asset dispute in the future. Furthermore, the process of disclosing their personal financial information during the drafting stages of a prenup can establish trust between a couple and lay the groundwork for effective communication during their marriage.
There are some drawbacks associated with entering a pre-marital contract that spouses should be aware of. Asking a future spouse to sign a prenuptial agreement could cause tension and make it seem like there is a lack of a commitment. Fortunately, a skilled prenup agreement lawyer in Milton can advise couples on how to effectively draft a legally binding contract that accounts for both parties’ martial assets and financial circumstances upon divorce or separation.
Valid prenuptial agreements are fully enforceable in Milton and are an effective way for soon-to-be-married couples to address important financial matters that could impact them significantly in the future. Entering into a pre-marital contract can provide significant peace of mind to both spouses.
However, navigating this complex process without legal representation can be very difficult and may ultimately lead to an undesirable or unenforceable contract. For this reason, you should speak with an experienced Milton prenuptial agreement lawyer today to learn more about what goes into drafting and enforcing this kind of spousal contract.