Getting a prenuptial agreement tends to make some soon-to-be-wedded couples feel anxious. There is a long-held belief that having one in place may signal that a person’s marriage is all about money. Family law attorneys in Georgia know that being asked to sign one does not always mean that is the case.
Engaged couples use prenuptial agreements to protect wealth as well as provide for the other after divorce. If you are being asked to sign a prenup, keep in mind that as unromantic as it sounds, you have the right to your own attorney and a fair agreement. It is a chance to protect yourself in case the unimaginable happens.
Familiarizing yourself with the process from an unbiased perspective is a good start. Here are a few key facts about getting a prenuptial agreement in Georgia:
Fact #1: A Prenuptial Agreement is a Legally Binding Contract
A prenuptial agreement goes by many names including premarital, antenuptial, or prenup. Aside from variations in the name, they are all the same type of contract. A prenuptial agreement is a legally binding contract between you and the person you intend to marry.
The idea main of a prenup is to produce a written agreement regarding how to handle children, assets, and debts if the marriage ends in divorce. Couples may include how to manage these factors during the lifetime of the marriage, as well.
Once you sign on the dotted line of a prenuptial agreement in Georgia, family courts recognize it as a legally enforceable contract. Additionally, it entitles both people in an engaged relationship to individual family law attorneys as a result.
Fact #2: A Prenuptial Agreement is Not Limited to High Net Worth Divorces
People with a high net worth have been using prenuptial agreements since their first inception. Most couples put one in place to protect assets or ensure wealth. However, today’s marriages do not necessarily focus on the money.
Prenuptial agreements describe how one spouse will pay alimony to the other. They can describe how property, assets, debts, child support, and separate maintenance are handled post-divorce. Couples are also able to specify other aspects of the relationship, too. Some unique stipulations may include:
- How the couple handles custody of shared pets
- Whether someone’s retirement fund is on the table for negotiation
- When and if alimony payments cease, if ever
The ability to customize a prenuptial agreement makes it seem less threatening. Instead of taking a one-sided approach, a good prenuptial agreement should consider the family from a big picture perspective.
Fact #3: A Prenuptial Agreement is Enforceable in the State of Georgia
Like any good contract, the prenuptial agreement should be made in writing using a wet ink signature. You or your Georgia family law attorney provides two witnesses during the prenup signing meeting. A notarized, fully executed prenuptial agreement is then filed in the county that issued your marriage license or where you currently reside.
Your or your fiancé must file it within three months of the signing date. By taking the preceding steps, the contract you signed is literally ‘on the books.’ An experienced family law attorney will ensure that your agreement meets the Civil Procedure Code of Georgia.
Work with a Firm that Sees Both Sides
At Charlton & Glover, Attorneys at Law, we understand that a prenuptial agreement does not have to be a symptom of a lack of commitment. Our Georgia prenuptial agreement lawyers have been helping couples meet halfway to create a more certain future. Call our office today to schedule a free consultation by calling (770) 993-1005 or by submitting a request here.