Georgia Prenuptial Agreements

In recent years, more and more Georgia couples have opted to create a prenuptial agreement before getting married (or, for those Georgia couples who are already married, a “postnuptial agreement" can accomplish many of the same things). If you are considering creating a Georgia prenup, we strongly advise you to seek the advice of one of our GA Family Law Attorneys who can guide you through the process and help you create an agreement with you and your future spouse that will work for both parties. Below we have created a list of some considerations which a prenup can take into account, and which one of our Georgia prenuptial attorneys will discuss with you on your initial consultation.
 

Georgia Prenuptial Agreements and Asset Protection

Our Georgia divorce attorneys have seen time and time again the terrible consequences of having to divide assets after a divorce when no prenuptial agreement was executed before the marriage. Aside from child custody issues, there is usually nothing more hotly contested during a Georgia divorce than the division of marital assets. In the event of a divorce, if you want to avoid having property accumulated during your marriage have to be divided by a Georgia court and fought over by Georgia divorce attorneys, you can do so with a premarital agreement. With some good planning beforehand between you and an experienced Georgia Family Law attorney who can guide you through the process, your prenuptial agreement can save time, hardship, money, and a good amount of ill will in the event of a divorce by clearly demarcating the property of you and your future husband or wife.
 

Georgia Prenuptial Agreements and Debt Protection

While most people think about protecting their assets when it comes to  Georgia prenuptial agreement, an important additional consideration should be to protect you or your spouse from debt. When one individual entering a marriage has debt (credit card debt, mortgages, car loans, etc), if there is no prenuptial agreement, it is often the case that a creditor can go after marital property to collect those debts. A properly executed Georgia prenup can help limit the other spouse’s liability from those debts incurred prior to the marriage.
 

Georgia Prenuptial Agreements and Child Support

As one of our GA lawyers will explain to you, there are certain things that a Georgia prenuptial agreement simply cannot do. For instance, Georgia Family Law will not honor any prenuptial agreement to the extent that it allows one spouse to be held not liable for future child support payments. Similarly, a Georgia court would not allow a prenup to limit future child custody or child visitation rights. In Georgia, “the best interests of the child” are always considered above all else, regardless of what a prenuptial agreement may or may not say.
 

Getting Started

If you are considering writing a GA prenuptial agreement (or, if you are already married, a Georgia postnuptial agreement), we advise you to speak with an one of our top Georgia Prenuptial Agreement and Family Law Attorneys. If you would like a consultation, either fill out the brief form to your left, or feel free to give us a call. We look forward to working with you.

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