The Siemon Law Firm
Honest Answers.
View Practice Areas

Having a Conversation About a Premarital Agreement

We discussed the changing perceptions of many marrying couples toward prenuptial agreements in a recent blog post (April 8), noting that these agreements (also commonly called premarital agreements) are being increasingly employed in first and, especially, subsequent marriages. Though the number of prenups is still relatively small, it is growing.

There are many reasons for that, say a number of family law experts, including Vivian Groman, a certified public accountant who works with many soon-to-be spouses.

Groman calls a couple's initial focus on a prenuptial agreement as "the start of an ongoing conversation about money, finances and ultimately the values that they hold that get expressed financially."

Groman says that, even if a couple decides ultimately not to execute a premarital agreement, the conversation leading up to that decision is valuable and can even by marriage-saving. "Everyone needs to have the conversation," she says.

Groman states that a prenup discussion makes especially strong sense in certain situations, which include the following:

  • Uneven assets -- one party entering marriage with, say, a home and substantial account balances, with the other party having little or nothing
  • Disparate debts -- e.g., failed business obligations or a sizable student loan
  • Highly varied income -- one spouse is a surgeon, the other a lowly paid part-time workers
  • Second marriage -- a prenup having great utility on issues regarding children from prior marriages
  • Inheritances
  • Business ownership

Each area of focus obviously comes with its unique set of questions and considerations. For example, certain debts may fall upon a partner even if a prenup explicitly excludes them. Moreover, judges sometimes toss prenuptial agreements when they sense they violate policy norms by being overly unfair to one of the partners.

A family law attorney with extensive experience in prenuptial agreements is optimally positioned to discuss this planning tool with a newly marrying couple.

Related Resource: Los Angeles Times, "Six situations in which you may need a prenup" April 24, 2011

No Comments

Leave a comment
Comment Information
Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form. An attorney will respond within 24 business hours.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Siemon Law Firm
347 Dahlonega Street, Building 100
Cumming, GA 30040

Phone: 770-888-5120
Cumming Law Office Map

The Siemon Law Firm
4555 Mansell Road, Suite 300
Alpharetta, GA 30022

Phone: 770-888-5093
Alpharetta Law Office Map

The Siemon Law Firm
3400 Peachtree Rd NE, Suite 555
Atlanta, GA 30326

Phone: 770-888-5078
Atlanta Law Office Map

The Siemon Law Firm
One Parkway Center
1850 Parkway Place
Suite 715
Marietta, GA 30067

Phone: 770-888-5312
Marietta Law Office Map