Get Trusted Advice From A Georgia Family Lawyer On Your Premarital And Postnuptial Agreements
It’s decidedly unromantic to think about money matters interfering with love relationships, but money often tops the lists of reasons people decide to divorce, and money or assets are the second-most contentious issue in many divorces, after child custody issues.
At The Halberg Law Firm, attorney Blake Halberg assists couples across the Atlanta metro area in drafting and reviewing prenuptial and postnuptial contracts. He uses his 40 years of experience to evaluate various divorce scenarios and suggest resolutions that are mutually beneficial. His personable, client-focused approach means he takes clear communication seriously, so you will make important decisions from a fully informed position.
What Are Prenuptial And Postnuptial Contracts?
Prenuptial agreements are written contracts entered into prior to marriage to clarify in advance the rights, duties and expectations of both spouses. Postnuptial or postmarital agreements are contracts that are entered into subsequent to the marriage, when the spouses seek to clarify their future. While Georgia courts began enforcing prenuptial agreements in 1982, the legal standards for postnuptial agreements (signed after marriage) evolved separately through Georgia case law to ensure they are fair and not coerced.
Why Should You Sign A Prenuptial Agreement?
Prenuptial agreements are most often entered into when there is a substantial disparity in the wealth between two parties contemplating marriage. A prenuptial agreement enables a person who built substantial wealth through a business or who may at a later date inherit wealth to be secure in the knowledge that should their marriage go awry, the rights and duties of the parties are predetermined.
Postnuptial agreements can play a similar role when one member of a married couple starts a new business venture or receives an inheritance after the wedding date. It can decide which spouse is responsible for certain debts if you divorce, but it may not prevent creditors from coming after both of you for joint debts while you are married.
If you’re considering a prenuptial agreement, you and your partner must provide full financial disclosure before the agreement is signed. You will need to attach a recent statement of net worth, showing all your assets and liabilities as well as a statement listing your income for the past several years. While not a strict legal requirement for a valid contract, having your own attorneys is the best way to ensure the agreement is enforceable and that both spouses fully understand their rights.
What Prenups And Postnups Can (And Can’t) Cover
Prenuptial and postnuptial contracts can be written to be flexible and they can be customized to your unique circumstances. However, to be enforced if a divorce does happen, they cannot be so one-sided that a judge will consider them unconscionably unfair. Some of the items that can be covered in a prenup or postnup include:
- Separate property
- Assets including investment accounts and retirement accounts
- Real estate
- Spousal support, potentially fixing or waiving alimony payments
- Inheritances or estate distributions for children or spouses from prior marriages
It should be noted that you can include your preferences for child custody or support in an agreement, but a judge is not required to follow them. The court will always make the final decision based on what is best for the child at the time of the divorce.
Having an experienced Georgia family law attorney review a draft of your agreement is essential to avoiding a challenge should it be put into use in a divorce. In a challenge to the prenuptial agreement, the court will look at:
- Whether either of you misrepresented your assets and debts in your statement of net worth
- Whether either of you were coerced into signing the agreement
- Whether the agreement as written is unconscionably unfair to one party
- Whether there has been any change in circumstance since the agreement was signed to render enforcement unfair
No matter how close you feel to your beloved today, our attorney can help you craft a prenuptial or postnuptial agreement that will survive in court if the relationship turns out differently than planned.
Approach Prenups With Care – Consult With Our Atlanta Family Law Attorney Today
Plan your future with all the information you need to draft your marital agreement fairly and safely. Call our firm in Atlanta at 770-637-5912 or use our online contact form to schedule a consultation with Blake Halberg.