If you have ever signed a contract of any kind in Georgia, you know that the terms are typically legally binding. Of course, you probably went over the wording of the document with a fine-tooth comb – and maybe also hired a lawyer to do the same – before you signed on the dotted line. At The Siemon Law Firm, we recognize that prenuptial agreements are just like any other legal contract, so we regularly advise couples on the importance of having an airtight document.
Forbes explains that the prenuptial agreement is an essential part of financial pre-planning for your marriage. Before you and your future spouse sign your marriage certificate, your property is separate, which is why you need to determine what stays separate and what becomes marital property. While the agreement must not be appallingly unfair, it may still withhold a significant portion of one party’s premarital assets from the other in the event of a divorce.
As with any contract, the prenuptial agreement is not something you want to rush into or go through at a time when either of you feels tired, sick or pressured. It should not be signed under duress, or when one of you is not in full command of your mental functions – even if that just means you are on medication that makes it difficult to think clearly.
It is a good idea to have a professional valuation of properties before listing them. If the two of you have created the document together without consulting an attorney, you may each still want your own legal representative take a look at it before signing. For more information on this subject, please visit our page on property division.