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.
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.
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.
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:
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:
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.
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:
Pre-nuptial and post-nuptial agreements are used for other purposes as well. They are used more and more as estate planning instruments to:
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.
A prenuptial agreement is enforceable if it complies with Georgia law. It must be:
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.
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.
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.
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.