Marriage creates a bond between two people that is more than just spiritual. A wedding also joins these two people together in a legal sense. Because of this, many couples find a pending marriage to be a stressful event, and they may wonder how this event could impact their future and what may happen if that marriage encounters difficulty.
One way to retain some control over the future is to enter into a prenuptial agreement. These agreements can provide peace of mind as well as establish a framework for each party’s legal rights in the event of a potential future divorce.
A Roswell prenuptial agreements lawyer could help soon-to-be-married couples to set their minds at ease before a wedding. Prenuptial agreements carry legal weight and can form a key part of a healthy and successful marriage, so talking to a knowledgeable family attorney from our team about how one might benefit you could be worthwhile.
Prenuptial agreements serve to provide certainty in case of a divorce or marital conflict. For example, since courts in Roswell and throughout Georgia operate under the theory of equitable distribution of marital assets, those accumulated assets and debts would be split equitably during a divorce. However, if one party to the marriage earns the majority of the money and/or primarily paid for a home, cars, or other important assets, they may wish to protect their right to those assets in case of a divorce.
A prenuptial agreement can provide this protection and much more, as these contracts establish mutually agreeable resolutions to various marital issues and are created prior to the two parties getting married. If competently drafted with an attorney’s help and signed by both parties, a prenuptial agreement can directly control a divorce proceeding in Roswell in relation to the terms created in the agreement. This can greatly help with preserving assets and preventing animosity during a potential divorce.
Prenuptial agreements are contracts, so as long as both parties agree to adhere to the terms of the agreement and sign the agreement willingly, that agreement carries legal weight. However, prenuptial agreements are special in that the contract only has legal force under a specific circumstance—namely, one party to it filing for divorce.
Spouses most commonly use prenuptial agreements to decide on matters related to asset distribution. However, prenuptial agreements could also be used to determine alimony payments, as well as the distribution of various financial accounts and debts
Courts are always hesitant to interfere with the right of two parties to enter into a contract. Therefore, unless the terms contained within are illegal, the court will almost always accept a prenuptial agreement as a lawful contract and use its terms when establishing a divorce decree. A prenuptial agreements lawyer in Roswell could help an individual author such a contract and take the necessary steps to make them enforceable.
Although a wedding should be joyful and optimistic experiences, it is often worthwhile for spouses to consider what the future could have in store and plan accordingly. If a serious conflict does happen and a couple was not proactive about addressing its potential causes and factors, their futures may be out of their hands.
One way to bring certainty into an uncertain process is to enter into a prenuptial agreement. A Roswell prenuptial agreements lawyer could work with you to identify your best interests and create a document that fully addresses and protects them. Call today to learn more.
Atlanta Divorce Law Group