Once thought of as controversial, prenuptial agreements (also called "premarital agreements") are now considered an effective way to plan for the future. Although each newly married couple hopes for the best, preparing for the unexpected is a responsible way to enter into the marriage contract.
At The Siemon Law Firm, our attorneys guide clients in matters involving prenuptial agreements as well as postnuptial agreements and separation agreements. From our offices in Atlanta, Alpharetta and Cumming, we serve clients in Fulton County, Forsyth County and throughout northern Georgia.
While some couples choose not to create a prenuptial agreement, others — especially those who have been married before — see a prenuptial agreement as a way to prevent any unexpected legal difficulties in the future.
Why Create A Prenuptial Agreement?
A prenuptial agreement (also called a "prenup") can address the specific concerns that a couple may have prior to marriage. Most commonly, it is used to address topics relating to property division and spousal maintenance, should the relationship end in divorce. In the event of a divorce, the prenuptial agreement is referenced by the court and can play an important role in the ultimate outcome.
Georgia is an equitable property division state, meaning that property is not divided 50-50 in divorce. Instead, the courts consider a number of factors in determining a fair division of property. The courts will consider a prenuptial agreement in their property division determinations.
In addition to addressing property division issues, these agreements are often used to protect children from a prior marriage and ensure that family heirlooms remain with the intended beneficiaries.
Doesn't It Look Bad To Create A Prenup?
No longer is a stigma attached to prenuptial agreements. Rather, this document is used as a precaution. Even the most stable relationship can change over time. A prenup can provide couples with peace of mind knowing that their interests will be protected during and potentially after marriage.
If you are interested in drafting a prenuptial agreement, or if you have been asked to sign one of these documents, contact a lawyer at The Siemon Law Firm by calling 770-884-7067. We will advise you of your rights and options and help you draft a legally sound document that protects your interests.