Atlanta Prenuptial Agreement Lawyer
Despite their social stigma, prenuptial agreements can help future spouses outline their assets and solidify their legal rights/responsibilities within a marriage prior to the event. This is where we come in as one of the best Atlanta prenuptial agreement lawyers near you. If you are looking to forge an agreement before a marriage begins, consider reaching out to your family prenuptial agreement attorney here at Marple Rubin Family Law.
There is no need to think that this is bad either. As we pointed out in a recent blog here it is just both parties making sure their finances are in place. Sometimes this can even make the bond even greater. With that said you still need a professional to make sure it is enforceable in court and not just a written-up document. By working with our team of family attorneys, together we can create a mutually-beneficial agreement for you and your future spouse.
MAIN REASONS FOR A PRENUPTIAL AGREEMENT
Some couples may wonder what a prenuptial agreement has to offer to them, especially if they are confident that their marriage will stand the test of time. The most common reason spouses sign these agreements is to protect property/assets they have already acquired or to protect future inheritances, in the unlikely event of a divorce.
However, agreeing to a binding contract that outlines both spouses’ rights for the future may provide them with a sense of resolution and certainty. Furthermore, any spouses who do end up divorcing may find that an enforceable prenuptial agreement shortens the legal process and drastically reduces its costs by resolving numerous issues beforehand.
TOPICS THAT MAY BE COVERED IN APRENUPTIAL AGREEMENT
Prenuptial agreements are versatile documents that may help spouses solidify numerous elements of a marriage arrangement. Some of the most common components of a marriage that may be covered in a prenup include:
Deciding the allocation of personal property in the event of divorce or death, or protecting that property from a division
Settling questions of alimony or spousal support obligations, should the marriage end in divorce
Maintaining family heirlooms by keeping them out of the marital estate
Ensuring that children from a prior marriage are cared for if the marriage ends in a divorce or separation
However, not every potential dispute can be contracted within the scope of a prenuptial agreement. Notably, custody and child support arrangements cannot be settled in a prenuptial agreement as they must be addressed at the time of a divorce or separation.
THE IMPORTANCE OF CREATING ANENFORCEABLE AGREEMENT
While courts in Georgia may favor prenuptial agreements as a way to resolve important disputes in a relationship over litigation, this does not mean that judges will consider every prenuptial agreement enforceable. Before a prenuptial agreement can be deemed legally binding, judges will look to ensure that the prenuptial agreement was not the result of duress, coercion, or fraudulent misrepresentation. They will also make sure the agreement is not unconscionable and included full financial disclosure prior to the signing of the prenuptial agreement. In order to ensure that an agreement is mutually beneficial and legally viable, spouses will benefit from consulting a knowledgeable attorney before proceeding.