How to Get a Prenup in Georgia
Table of Contents:
What is a Prenup in Georgia?
Who Should Get a Prenup in Georgia?
What Can Go into a Prenup in Georgia?
Steps To Getting a Prenup in Georgia
Benefits of a Prenup in Georgia
Brown Dutton & Crider Can Create a Tailored Prenup Solution for You
Prenups get a bad rep. But they can be used as a valuable tool to create a strong foundation for your marriage. Marriage is a lifelong commitment that involves more than just shared dreams – it requires careful consideration of the practical aspects of life, including finances. Prenups can create a sense of understanding and trust in your marriage that contributes to a secure and harmonious future. But what exactly is a prenup and how can you get a prenup in Georgia?
In this blog, we’ll explore the basics of prenups and the process of obtaining one in Georgia to equip you with the tools needed to cultivate a lasting, successful marriage.
What is a Prenup in Georgia?
A prenuptial agreement, commonly known as a “prenup,” is a contractual agreement two people make before marriage. This legal document outlines the financial rights and responsibilities of each spouse in the event of a divorce or separation. During divorce, marital property is divided among both parties using Georgia’s equitable distribution model. But with a prenup, potential marital assets can be safeguarded as separate property to keep both parties protected. This way, the couple gets to decide how to split assets instead of leaving it up to a judge.
In Georgia, the case approving a prenuptial agreement is Scherer v. Scherer, a 1982 decision in which the Supreme Court first set forth a three-pronged test for determining the enforceability of such agreements:
- Whether the agreement was obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts;
- Whether the agreement is unconscionable; and
- Whether the facts and circumstances have changed since the agreement was executed, so as to make its enforcement unfair and unreasonable.
Simply put, the party who is seeking to enforce the prenuptial agreement must demonstrate the factors mentioned above.
Who Should Get a Prenup in Georgia?
Contrary to what pop culture has taught us, prenups aren’t just reserved for the wealthy. They’re for anyone who wants to establish financial clarity and fairness in their marriage. Whether you’re bringing substantial assets into the marriage, you own a business, or you have specific wishes regarding spousal support, a prenup can benefit couples of all walks of life.
Learn more about prenups in the video below ⤵️
@gafamilylawyers Dont be upset if your soon to be spouse proposes a prenuptial agreement. Instead use this as an opportunity to protect your future! #prenup #prenuptialagreement #protectyourself
♬ original sound – Jenni Brown I Family Law Tips
What Can Go into a Prenup in Georgia?
More and more people are regretting the absence of a prenup during divorce due to the division of marital property. Be prepared with a prenup. A prenup agreement in Georgia can protect both parties in a marriage by providing security through separate property, alimony, inheritance, lump sum payments, life and death benefits, and more. Understanding these concepts and openly communicating about them will give both spouses peace of mind moving forward with prenup decisions.
A few things that can go into a prenup agreement are:
💰 Businesses
💰 Property
💰 Debt Management
💰 Spousal Support
💰 Retirement Accounts
However, some matters can’t be resolved in a prenup, such as child support and custody, or to invalidate any unenforceable provisions. If any of these are included, judges have the authority to strike down the entire agreement.
Steps to Getting a Prenup in Georgia
Getting a prenup might be simpler than you think. If both parties voluntarily agree to get a prenup, the process can happen quickly from there.
➡️ Schedule a Consultation: Once you and your spouse have agreed to a prenup, schedule a consultation with an experienced family law attorney. A family law attorney will take the time to understand your situation, discuss the legal implications, and ensure your prenup aligns with Georgia law.
➡️ Provide Full Disclosure: Honesty is key when creating a prenup. Both parties must provide full financial disclosure to ensure the agreement is fair and legally sound.
➡️ Create a Customized Agreement: Your attorney will work closely with you to create a personalized prenup agreement that addresses you and your spouse’s unique concerns and priorities.
➡️ Get a Legal Review: Before finalizing the agreement, your attorney will conduct a thorough review to ensure it complies with Georgia laws, providing you with confidence in the legality and enforceability of your prenup agreement.
➡️ Secure Your Prenup: Once the prenup is ready, your attorney will guide you through the final steps of notarization and filing, ensuring that your agreement is legally binding. Save it in a secured spot and send an electronic copy to a trusted source. Your attorney will also keep a copy. The prenup will go into effect upon marriage.
Benefits of Getting a Prenup in Georgia
Don’t believe the negativity surrounding prenups. Prenups have many benefits that will create harmony in your marriage and in the event of divorce, can make the process go smoothly.
✅ Financial Security: A prenup will allow couples to craft an agreement that aligns with their unique circumstances. Defining how assets and debts will be divided will ensure that both parties are aware of their financial rights.
✅ Protection: Whether it’s a business, retirement account, or inheritance, a prenup can safeguard your interests as separate property and provide the necessary provisions to ensure you and your spouse are protected in case of a divorce.
✅ Clarity: Prenups not only provide security through separate property, but they also help couples openly communicate about things that might not be the easiest to discuss. Both spouses will feel confident moving forward with prenup decisions by creating understanding and setting clear expectations to avoid potential conflicts down the road.
✅ Tailored Solutions: Every couple is unique, and a prenup allows you to customize your financial arrangements based on your specific needs and circumstances. Georgia law supports individualization if the agreement is fair and entered into voluntarily by both parties.
Brown Dutton & Crider Can Create a Tailored Prenup Solution for You
A prenup is a powerful tool that empowers couples to navigate the complexities of marriage with confidence and transparency, all while adhering to the legal standards in Georgia. At Brown Dutton & Crider, our team of expert family law attorneys will guide you through the process to ensure that your marriage journey is built on a foundation of trust, understanding, and legal soundness.
If you have questions about prenups or are interested in meeting our team, contact the attorneys at Brown Dutton & Crider today. Call (678) 730-2578 or book a consultation now.