Atlanta Prenuptial & Postnuptial Agreement Lawyers

Experienced Legal Counsel for Marital Contracts in Georgia

Prenuptial agreements have become more and more common in society for couples anticipating marriage. This is due to the fact that parties entering marriage are often both employed, may have their own assets and property acquired prior to marriage, may be bringing in children from previous relationships that they wish to financially protect, or have other financial arrangements that they wish to safeguard should the marriage end in divorce. These agreements will thus lay out the specifics as to their rights and obligations concerning these matters. When such agreements are created after the marriage has taken place, they are referred to as postnuptial agreements.

At KF Law, LLC, our family law team can provide the guidance and representation you need when creating these agreements either before or after your marriage has taken place. You will want to ensure that your agreement is negotiated and drafted according to Georgia legal standards to ensure its validity and enforceability. With decades of experience helping individuals negotiate and outline the financial terms of such agreements, our firm stands ready and able to provide invaluable assistance in creating such a contract to fit your individual circumstances and objectives.

Need a prenuptial or postnuptial agreement? Let KF Law, LLC help. Call us at (678) 326-4611 or contact us online to set up a consultation.

What are Prenuptial and Postnuptial Agreements in Georgia

Prenuptial and postnuptial agreements are contracts. Thus, they must be entered into as such and contain clear and specific language as to the financial arrangements, rights, and obligations they specify. Their main purpose is to spell out how property, assets, and debts will be divided or retained should the marriage end in divorce.

They can also clarify if alimony will be paid by one spouse to the other and the terms of such alimony. However, they cannot create child custody, visitation, or child support terms which must be resolved by family courts where minor children are involved in a Georgia divorce.

Benefits of Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements offer numerous advantages for couples, including:

• Asset Protection: Clearly outline the division of assets and debts in the event of a divorce, helping to protect individual property.
• Financial Clarity: Establish financial responsibilities and expectations, leading to healthier communication and planning within the marriage.
• Protection for Children: Safeguard inheritance rights and financial responsibilities toward children from previous relationships.
• Reduction of Disputes: Minimize misunderstandings and disputes by clearly defining the terms of asset division, which can lead to a smoother divorce process if it occurs.
• Customization: Tailor the agreement to meet the specific needs and circumstances of both parties, addressing unique financial situations and goals.
• Peace of Mind: Provide reassurance to both parties that their financial interests are safeguarded, contributing to a more secure and confident relationship.
• Independence: Each party can seek independent legal advice, ensuring they fully understand their rights and obligations within the agreement.

Key Considerations to Create a Prenuptial or Postnuptial Agreement

In creating such agreements, full financial disclosure between the parties must occur. Separate property acquired prior to the marriage may be specified and thus remain separate if it is not commingled or brought into the marital estate. Clarifying what each party owns and owes prior to the marriage is essential.

Also, how property, assets, and debts acquired during the marriage will be divided should be delineated. Examples of issues that need to be clarified are:

• Inheritances you may receive during the marriage or inheritances you may wish to give to children from a prior marriage
• How retirement accounts, business interests, professional practices, or other investments will be handled
• Who will be responsible for debts and liabilities.

Another vital consideration is ensuring that both parties have independent legal representation. This helps protect individual rights and ensures that both parties fully understand the terms of the agreement before signing.

Call our Atlanta prenuptial & postnuptial agreement lawyers  at (678) 326-4611 or reach out online to discuss how we can help you create a tailored agreement.

Legal Standards in Georgia Regarding Prenuptial or Postnuptial Agreements

In Georgia, prenuptial and postnuptial agreements must meet specific legal standards to be considered valid. The agreements must be in writing and signed by both parties. Furthermore, both individuals must have a clear understanding of the agreement’s terms and the implications of signing it.

Georgia law requires that both parties engage in full financial disclosure, as failure to do so can lead to the agreement being challenged in court. The agreement must not be unconscionable at the time of enforcement, meaning it should not be excessively one-sided or unfair to either party.

Prenuptial and postnuptial agreements can be challenged in court and declared invalid under circumstances such as the following:

• Full financial disclosure was not made
• The agreement was entered into under fraud or duress
• A misrepresentation of the facts was given
• A material and extreme change in circumstances has occurred since the contract was made

Ensure You Are Fully Protected

To ensure that your contract stands up in court, it is advised that both parties seek representation and overview from separate attorneys. An experienced attorney at our firm can advise, draft, review, or amend your agreement to make it better adhere to legal requirements.

We can also help you negotiate the terms of the agreement to ensure that all of your legal rights and financial matters are protected. Our firm includes the representation of attorneys who have an extensive background and experience in the area of finance and assets that can be crucial to these agreements.

Get advice and counsel from an Atlanta prenuptial and postnuptial agreement attorney by contacting us online or calling at (678) 326-4611 today.