What makes a prenup legally binding?

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A prenup — Prenuptial Agreement — is a legally binding contract between you and the person you intend to marry. The main idea of a prenup is simply to outline the division of assets, finances, and properties in the event of a divorce.

Once a prenup is signed by both parties and their witnesses in the state of Georgia, family courts will recognize it as a legally enforceable contract. In the event of a divorce, the court will enforce the prenup except in rare circumstances such as:

  • One party obtained the agreement through fraud
  • One or both parties misrepresented or refused to disclose facts
  • The agreement is so unconscionable that the court cannot reasonably enforce it

These reasons are why it is important to have the right attorney in your corner to protect you and your rights during the drawing of a prenup.

Is a Prenup Right for Me?

Contrary to popular belief, prenups are not just for those with high net worth. Prenups do a whole lot more than deciding on the splitting of financial assets. Besides the well-known aspects of a prenup such as property, finances, and debts, they can also be used to outline the custody of shared pets, whether a retirement fund is up for negotiation, and they can also state whether one party will pay the other alimony and if so, how much the payments will be. A good prenup can also help a couple avoid the long process of property division, thus saving them money on attorney’s fees they’d pay in a divorce.

So whether or not your marriage is one of high net worth or not, a prenup is a smart decision to help protect you, your rights, and what is yours. With the right attorney, this process can be made easier and with less stress on your shoulders.

Is a Prenup Set in Stone?

People change — that is the nature of life. And when people change, so do their wants, needs, and values. This means that sometimes what one person wanted or needed in the past may have changed; therefore, what is outlined in the prenuptial agreement may also need to be changed, altered, or removed. In Georgia, you generally have the right to alter your prenup at any point after signing but before a divorce.

We Can Help You.

We can help you by offering our years of expertise and guidance if you are considering creating a prenup. You can rest assured that we will work tirelessly to get you the best possible outcome. Please, reach out to us today at 404-738-5805 or online to book your consultation.

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