While every case is different, having a prenuptial agreement can provide certainty about what would happen in the event of a divorce and can help alleviate emotional stress. It is usually best to have a prenuptial agreement entered into several weeks before the marriage with the help of a skilled attorney. Doing so offers both parties a chance to review it, consult with attorneys, and provide full financial disclosure.
A prenuptial agreement can also define certain estate-planning mechanisms in the event of the death of a spouse during the marriage and what would happen in terms of assets. Since these marital contracts can significantly impact both parties’ futures, it is best to learn more about the role of an Atlanta prenuptial agreement attorney before entering litigation with your former spouse.
A prenuptial-agreement lawyer wears many hats in representing their client and ensuring that their rights are protected. An attorney who is well-versed in current Georgia law as it pertains to enforcement of prenuptial agreements could make sure the documents they prepare are based on relevant statutes. It is the role of an Atlanta prenuptial agreement attorney to examine a couple’s potential long-term issues so that if their contract is enforced within a year of the marriage or 30 years thereafter, the terms and provisions in it would be valid regardless of when it is enforced.
A prenuptial agreement provides certain rights and obligations in the event of a divorce, and it is important to have an attorney review it before either party signs. Doing so ensures that they are not voluntarily waiving certain rights without having a full understanding of what they may be entitled to upon the termination of their marriage.
In the event of a divorce, an Atlanta lawyer would pursue enforcement of a prenuptial agreement and could address any issues with it. Potential issues may be related to the enforcement or the subsequent interpretation of the prenup agreement as part of the dissolution of the marriage. Fortunately, an Atlanta prenuptial agreement attorney’s role would be to help either party resolve any of their marital issues and refer to their existing contract as needed.
An Atlanta prenuptial agreement attorney, as part of the disclosure of financial matters, counsel their client to explore fully the other party’s financial matters to ensure that the other person has made a full and fair financial disclosure. The client also should document to the extent possible and include in the prenuptial agreement the information or documentation provided to the other party to ensure that a claim of misrepresentation or non-disclosure cannot be made at the time of enforcement. The role of an Atlanta prenuptial agreement attorney includes facilitating a smooth transition into divorce and making sure that the rights of both parties are protected and upheld in court.