Premarital or prenuptial agreements (sometimes called “prenups”) have a bad reputation and can lead to messy disputes. We remove the negative connotation from prenups. A carefully crafted prenup can actually benefit both spouses. Prenups merely allow you to plan ahead and make the necessary provisions that can potentially prevent an adversarial divorce should feelings change in the future. Think of a prenup as being as reasonably prudent as purchasing insurance on your home or your car to provide the protection that you hope you never need. A prenup will preemptively resolve any division of property of assets. Georgia does not allow for any self-executing orders that involve custody. Any decision regarding custody is based on the best of interest of the child. Therefore, a prenup will not address custody or child support as those issues are subject to review by the Court. 

A prenuptial agreement will simplify a divorce and if drafted correctly, can dramatically reduce costs, stress and drama. For example, it can address and/or include:

• Alimony: The parties can agree to the terms and conditions under which either spouse can receive alimony. 
• Property Division: This is a common occurrence where parties seek to retain any property acquired prior to the marriage. You can also decide the equitable division of property obtained during the marriage. 
• Business Interests: You can also protect your business interest and future claims against the ownership of any interest in any LLC, partnership, or corporation.
• Retirement Accounts:  Marital contributions to retirement accounts or pensions can also be addressed in the agreement. 
• Confidentiality: The agreement can further provide pre-set confidentiality protection as to any documents or information that you would not want disclosed during or after the marriage. 
• Any Other Reasonable Terms: Under Georgia law, an agreement is enforceable if it shows 1) a meeting of the minds on all essential terms, 2) the terms are clear, 3) mutual consideration, 4) and is not unconscionable or against public policy. See, Zurich American Ins. Co. v. General Car & Truck Leasing System, Inc., 258 Ga. App. 733, 574 S.E.2nd 914 (2002).

While we are happy to assist both parties with crafting a prenup, having independent counsel for a prenuptial agreement is strongly encouraged. Having separate counsel can potentially eliminate any conflicts that would limit the enforceability of the prenup. Prenuptial agreements are not always automatically enforced. One party can challenge the validity and enforceability of any provision of the prenup or the agreement in its entirety.  The final decision as to whether or not it is enforceable will become a decision of the Court. If a spouse alleges possible fraud, duress/force, or mistake of material fact, the court may invalidate all or part of the agreement.  

If you are considering marriage and would like more information on how to ensure equitable division of your assets— call us directly at (404)883-2400.