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What You Need to Know About Prenuptial Agreements in Georgia

| Jenni Brown |

Nobody wants to think about divorce prior to marriage, but the decision of putting a prenuptial agreement in place may save couples from financial and emotional turmoil in the event of a divorce or separation. Like saving for an emergency fund or having a will, a prenuptial agreement is a tool for the future, not a bad omen.

A prenuptial agreement, or prenup as it is commonly known, is a written contract entered by a couple before marriage or civil union, that allows them to control and select their legal rights in the event of divorce. A prenup typically lists all the property and debts each person has and specifies what each person’s property rights will be after the marriage.

Who Needs a Prenup?

A common misconception about prenups is that they are only useful for wealthy people. However, middle class couples are increasingly entering prenups for a variety of reasons.

Couples without children may simply want to have a clear picture of their financial rights and obligations in the marriage. Other couples may want to have a plan in place in case the marriage doesn’t work, and divorce is the best option. This allows them to enter the marriage knowing the legal outcome in the event of a divorce. A prenup is also a good idea to protect each spouse from each other’s separate debts.

Many people use prenups o protect separate property to ensure the property goes to children from a prior marriage when they pass. Without an agreement in place, the surviving spouse might have the right to claim a portion of the other spouse’s property, leaving less for the kids.

If you don’t enter into a binding prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death.

What is usually in a prenup?

  • Retirement
  • Alimony
  • Property division
  • Estate plan protection
  • Responsibilities of each spouse in the event the marriage ends, such as expenses and bank account management

What can’t go into a prenup?

  • Child custody
  • Child support
  • Daily tasks or anything that would force a certain activity on one spouse

Prenups should be thought of as a tool to plan, not a bad omen that will predetermine the fate of your marriage. It’s important to have an experienced attorney draft your prenup so that no detail is overlooked. To schedule a consultation with an attorney at Brown & Dutton Law Firm, call (770) 422-4241.

About Brown & Dutton Law Firm:

Family law matters affect your life deeply and personally. Family law is far more than just another “legal matter.” It impacts your life, your children’s lives, your finances, and your future.

Whether our clients are going through a complex divorce, a child custody issue, or have a modification need, they are our number one priority. At Brown & Dutton Family Law Firm, our family law attorneys take pride in supporting our clients and guiding them through any challenges they are facing. Helping our clients improve their quality of life is the reason we do what we do. We walk with clients every step of the way.

At Brown & Dutton Family Law Firm, we are a group of experienced divorce and family law attorneys in Georgia with years of litigation experience and countless satisfied clients.

The attorneys at Brown & Dutton would be honored to stand by your side during this difficult time. JenniLance, and Tracy are experienced, transparent, and compassionate Georgia family lawyers that have been practicing attorneys more than 30 years. Contact us today to schedule a consultation and begin planning for your future!