PRENUPTIAL AGREEMENTS

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. If you are looking to forge an agreement before a marriage begins, consider reaching out to an experienced family law attorney to determine your options.

A successful agreement may help to strengthen the bond of a marriage by putting both you and your fiancé at ease about your future. However, crafting a prenup that is enforceable in court is risky without experienced help. By working with our team of well-practiced 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 A 

PRENUPTIAL 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 

AN ENFORCEABLE 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.

LET MARPLE RUBIN FAMILY LAW

BE YOUR ADVOCATE

Creating a successful prenuptial agreement may strengthen your marriage and help you and your future spouse feel at ease with the knowledge that your future is considered and agreed-upon. However, creating the terms and circumstances of a legitimate agreement is risky without the guidance of an experienced lawyer. If you are interested in creating a prenuptial agreement for your marriage, talking to one of our skilled and caring attorneys will help to simplify the process. To begin working on a contract, call us today or fill out the form below.

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