The state of Georgia recognizes both pre- and post-nuptial agreements. Here are 6 frequently asked questions (FAQs) regarding prenuptial agreements in Georgia:
WHAT IS A PRENUPTIAL AGREEMENT?
It is a contract entered into by two people planning to get married to set forth rights of each party in the event of a divorce. It’s also called an “antenuptial agreement” or a “premarital agreement”.
WHAT IS A POST-NUPTIAL AGREEMENT?
Basically the same as the prenuptial agreement, except it’s entered into after the couple has married.
WHO NEEDS A PRENUPTIAL AGREEMENT?
Parties owning considerable assets prior to the marriage typically execute prenuptial agreements. In the event of a divorce, these parties try and keep those assets separate from the marital property.
DOES A PRENUPTIAL AGREEMENT COVER ALIMONY, CHILD CUSTODY OR CHILD SUPPORT?
Often times prenups are used to limit, establish or eliminate alimony in the event of a divorce. Typically they do not deal with child custody or child support. A judge determines final custody decisions. Parents can’t pre-determine child support because the law regards child support as a child’s right.
DO YOU NEED AN ATTORNEY FOR A PRENUP?
Yes, we strongly suggest you consult with an attorney. We also suggest each party retains their own separate attorney who can better explain the agreement and any loopholes in the event of a divorce.
CAN A PRENUP BE REVISED OR TERMINATED?
Yes to both. Any addendums to the original prenup need to be properly signed and witnessed. Some prenups dictate how to cancel the prenup such as after an agreed-upon number of years.
If you are considering a pre- or post-nuptial agreement, please contact Gerstenberger Law today at (770) 920-7722.
The information found on the Gerstenberger Law site is for educational purposes only. Your situation and the situation of others are unique and more complex. This is neither legal advice nor to be considered legal advice. Contact us for advice about your specific situation.