Experienced Gwinnett County Prenuptial Agreement Attorney

In Georgia, you and your future spouse can make a contract outlining rights to child custody, spousal support, and even division of assets in case you divorce. This is commonly known as a prenuptial agreement.

Contact Attorney Sharon Jackson today at (678) 890-4200 to help you draft your Georgia prenup agreement or postnup agreement.

Do I need a prenup in Georgia?

Couples enter into these agreements to prevent or simplify divorce proceedings. These agreements offer freedom from stress and anxiety, particularly if it is a second marriage for you or your spouse, or if you own significant assets.

What’s the difference between a prenup and a postnup?

You can also enter into a postnuptial agreement if you find it necessary. Pre-nuptial and post-nuptial agreements are similar and contain most of the same requirements and address most of the same issues. A pre-nuptial agreement is drafted and signed before marriage. A post-nuptial agreement is drawn after marriage. Both agreements are equally valid and helpful.

These agreements should be carefully drafted and must include a full disclosure of each party’s financial condition. An Gwinnet County prenup attorney attorney can help you draw one up to make sure that it is accomplished correctly.

Pre-nuptial Agreements in Georgia

A prenuptial agreement is a fair agreement that couples can enter before marriage. It is designed to straighten out financial matters and address the division of marital assets and other issues in case a couple decides to divorce.

If drafted correctly, a pre-nuptial agreement makes divorce less complicated and can considerably reduce expenses, pain and emotional strain. It can address divorce-related issues that include:

• spousal support
• child custody
• division of assets
• business interests
• retirement accounts
• legal fees
• confidentiality protection of asset disclosure and other potentially embarrassing information

Post-nuptial Agreements in Georgia

A post-nuptial agreement is simply a pre-nuptial agreement carried out after the marriage. It may be needed for a variety of reasons, which include:

• protection of a new business enterprise
• a substantial change in income
• defense against adultery
• as part of a marital reconciliation

If executed after filing a divorce and carried out as a part of a marital reconciliation, a post-nup is usually referred to as a reconciliation agreement. In most cases, they establish settlement terms in the event the divorce is refiled within a specific time period.

Why the need for a pre or post-nuptial agreement?

Pre-nuptial and post-nuptial agreements protect the pre-marital assets and property of each party from becoming divided in the event of a divorce. These agreements are also effectively used to:

• set guidelines for spousal support
• protect personal interest in a family-owned business
• protect gifts received from family members during the marriage

Pre-nuptial and post-nuptial agreements are used for other purposes as well. They are used more and more as estate planning instruments to:

• exercise control over the rights and obligations relating to a will
• ensure future inheritances of their children in case the parties remarry
• contribute to tax savings

A pre-nuptial or post-nuptial agreement that has been drawn correctly may allow a couple to dissolve their marriage speedily and peaceably without going through a costly legal battle. This makes them valuable tools with social and emotional advantages apart from the apparent financial benefit they offer.

Are prenuptual agreements and postnuptual agreements enforceable in Georgia?

A prenuptial agreement is enforceable if it complies with Georgia law. It must be:

• written in a precise and detailed manner
• made without the use of force or coercion
• voluntarily entered into by both parties
• drawn with complete financial disclosure between the two parties
• must not be unconscionable
• signed with two witnesses present

Though much less common, a post-nuptial agreement must conform to the same requirements as a prenuptial agreement to be enforceable. Whether you entered into a pre-nuptial or post-nuptial agreement, most jurisdictions impose the observance of the contract if it complies with the rules. You can specify property division under your own terms if your pre-nup or post-nup agreement is legally enforceable.

Rules for pre-nuptial agreements differ from state to state. Some states do not allow postnuptial agreements so it is best to rely on the advice of a lawyer in your area.

How can Georgia prenuptial agreement lawyer help you?

Some couples choose to go through their marriage without a pre-nuptial or post-nuptial agreement. It’s not a bad idea for couples to at least look into the possibility. Our legal team at Attorney Sharon Jackson, LLC are knowledgeable in this area of Georgia law and we will be happy to assist you and your spouse to determine what’s best for your family.

Attorney Sharon Jackson has years of experience and a deep understanding of Georgia law and can offer the latest legal strategies to protect your interests.

Prenuptial agreement enforcement in Georgia

Whether you are married or planning to tie the knot, our experienced pre- and post-nuptial agreement attorney can draft an agreement based on your particular needs. We offer valuable guidance and legal representation to help you negotiate with your partner. If it becomes necessary, we can provide legal services to ensure that the terms of the agreement are enforced.

Contact Attorney Sharon Jackson Today

Call our Lawrenceville, GA office today at (678) 909-4100 to speak to an experienced Georgia family lawyer Sharon Jackson. You can also contact us through our website to schedule an initial consultation.