When preparing for your wedding, the last thing you may be thinking about is planning for your divorce. However, making arrangements before marriage on how to resolve differences can be the best way to settle future issues before they have a chance to come up. These decisions made before marriage can also provide some level of assurance knowing what you and your future spouse agreed to before tying the knot.

If you are considering a prenuptial agreement, there is help available to you in the form of a dedicated family attorney. A Sandy Springs prenuptial agreements lawyer could review your situation and answer any questions you have about how a prenuptial agreement may benefit you.

Defining a Prenuptial Agreement

A prenuptial agreement is a contract made between two people before they get married that outlines how marital property would be treated in the event of a divorce. The primary goal of the prenuptial agreement is to give both spouses more control over their marital affairs should a divorce occur in the future.

A prenuptial agreement contains information relating to each person’s assets and liabilities before marriage. As such, a dedicated Sandy Springs prenuptial agreements lawyer could ensure a prenuptial agreement covers any or all of the following matters:

  • Alimony;
  • Division of property;
  • Handling of debts;
  • Retirement accounts;
  • Interest in a business.

How a Prenuptial Agreement May Benefit an Individual Spouse

If a couple has a valid and enforceable prenuptial agreement, the court would follow their wishes for how to split property and handle most other matters rather than allowing a judge to make the decision for them. This can be extremely important, especially in situations where one party would like certain property to be excluded from being divided with their spouse.

A prenuptial agreement can also be a benefit to a marriage because a key part of this agreement involves the disclosure of property and debts by both spouses. These disclosures can help ensure that the prenuptial agreement is fair, because both spouses are made aware of property and debt before marriage.

Potential Challenges Facing Prenuptial Agreements

While prenuptial agreements are usually followed in Georgia, there are some reasons a court may not enforce a prenuptial agreement, which includes the following:

  • A spouse was able to obtain the agreement through fraud or mistake;
  • Certain information was not disclosed or was misrepresented;
  • The agreement is considered to be unconscionable, meaning it is unfair to either or both of the spouses;
  • The situation or circumstances of the spouses have changed to a point that the agreement is no longer fair or reasonable.

Another challenge spouses may face with prenuptial agreements is that the agreement may not clearly state each of their intentions, which may result in problems carrying out their respective wishes.

A carefully drafted prenuptial agreement could help a couple avoid potentially unwanted outcomes. In the same vein, an experienced prenuptial agreements lawyer in Sandy Springs could work on a party’s behalf to prepare a prenuptial agreement that outlines their desires effectively to avoid possible issues in the future.

Speaking with a Sandy Springs Prenuptial Agreement Attorney

Getting married can be a very complicated time in your life under any circumstances. However difficult it may seem, though, it may be ideal for you to decide now how your life may change rather than determining delicate matters during a divorce, when stress may be driving your decision-making.

Planning ahead, even when not expecting certain outcomes, could give you peace of mind just in case your life takes a different direction than you expected. Contact a skilled Sandy Springs prenuptial agreements lawyer to go over your options and get started drafting an agreement that is right for you.

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