Atlanta Prenuptial Agreement Attorney
In most cases, modern marriages benefit from having a prenuptial agreement in place. Getting a prenup opens the lines of communication regarding finances, property, and personal expectations before the wedding, which helps to establish trust. And if you do get divorced down the road, your prenup will likely save you time and money, protect your property, and protect you from debt—if it is drafted effectively. Otherwise, prenuptial agreements are vulnerable to enforceability issues and challenges. At The Solomon Firm, our Atlanta prenuptial agreement attorneys have extensive experience litigating prenuptial agreements in Georgia courts, both bringing and defending prenup challenges, and because we’re intimately familiar with prenuptial agreements, we know how to draft them correctly.
Prenuptial Agreement Enforceability
A prenuptial agreement is a written contract entered before marriage for the purpose of determining how a couple will divide property, handle debts, cover alimony, and deal with other financial issues in the event of divorce. A prenup can also state how a couple wishes to handle these issues during the marriage. Without a prenup, Georgia state law will decide these matters for you.
To be enforceable in Georgia, a prenuptial agreement must be in writing, and at least two people must witness the signing of the agreement, meaning they must watch both spouses sign the agreement, and then sign it themselves. Either spouse or a spouse’s lawyer must then file the prenup in the county superior court clerk’s office where either spouse lives, within three months of the signing date. Because a prenuptial agreement is a contract, both spouses signing the prenup must be competent to enter a contract under Georgia law. The requirements are as follows:
- Both spouses must be old enough to get married.
- The spouses are both mentally competent (not insane or severely mentally disabled).
- Neither spouse is married to another person at the time of marriage.
- The spouses are not related to one another.
Additionally, each spouse is required to truthfully list his or her assets in the prenuptial agreement, and both spouses must have the time and opportunity to speak with an attorney about the prenup before signing. Georgia courts have upheld prenups signed only a day or two before a wedding, so long as both spouses had the opportunity to speak with a lawyer, whether they took that opportunity or not. Vice versa, a prenuptial agreement may be invalidated (thrown out) by a court if signed right before saying “I do.”
Contact Us for Help Enforcing, Challenging, or Entering a Prenup
If you need help enforcing or challenging a Georgia prenuptial agreement, please contact The Solomon Firm in Atlanta. We are also here to provide you with advice and representation before you enter a prenup, ensuring the agreement is legally sound, fair, and in your best interest. Your first consultation with us is free, so you have nothing to lose by seeking to protect your rights.
