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Atlanta Prenuptial Agreement Lawyer

Name: Crystal Wright Law
Brand: Crystal Wright Law
Rating: 5 (6 reviews)

Most people don’t expect that they will get divorced in Atlanta, GA. However, a prenuptial agreement can give you peace of mind by ensuring both partners enter the marriage with mutual understanding. Call Crystal Wright Law, LLC at (404) 594-2143 today to speak with an Atlanta prenuptial agreement lawyer or schedule a free consultation.

At our law firm, our legal team has nearly a decade of combined experience helping couples in Atlanta create thoughtful, legally sound prenuptial agreements that address property, debt, spousal support, and more. Whether you’re getting married for the first time or bringing significant assets or children into a new marriage, our experienced Atlanta prenuptial agreement lawyers can protect your interests with care and precision.

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Why Choose Crystal Wright Law to Help With My Prenuptial Agreement in Atlanta, GA?

Prenuptial agreements can be a powerful tool in Atlanta, Georgia. They can be used to protect your assets and your future. That said, when they’re not properly drafted, they may be useless. Hiring an experienced Atlanta family law attorney is the best way to protect yourself down the line.

At Crystal Wright Law, we’ve been recognized among Super Lawyers’ “Rising Stars” and by Expertise.com for our success. We offer experienced legal advice, support, and honest answers at every stage in the legal process.

Whether you’re contemplating a new prenuptial agreement or seeking to enforce an existing arrangement, we’re here to help. Call our Atlanta divorce attorneys today to learn more about how we can assist you.

What Is a Prenuptial Agreement in Georgia?

Getting married is always a big step. Many couples experience a significant amount of pressure and uncertainty. Entering into a prenuptial agreement can help alleviate some of that uncertainty.

A prenuptial agreement is a contract entered into between two prospective spouses prior to marriage. In this contract, the two prospective spouses agree about how their assets and property will be divided if they eventually choose to get a divorce.

Most contracts require “consideration” to become enforceable, but prenuptial agreements are slightly different. In Georgia, the marriage itself satisfies the consideration element. Once the couples are legally married, the prenuptial agreement is enforceable without any additional steps.

Postnuptial agreements are also recognized in Georgia. They are very similar to prenuptial agreements. The key difference is that a postnuptial agreement is executed after the couple is married.

What Does a Prenuptial Agreement in Atlanta Do?

Prenuptial agreements can address any number of issues. The terms of the agreement will generally depend on the couple’s concerns and circumstances. The underlying purpose is that after the agreement is executed, each party should clearly understand their financial rights during (and potentially after) the marriage.

Of course, prenuptial agreements can identify each spouse’s separate property and determine how the couple’s marital property will be divided in the event of a divorce.

Can a Prenup Override Georgia’s Property Division Laws?

Georgia is an equitable distribution state. This means that courts divide property in a manner that they deem fair, but not necessarily equal, in a divorce. A prenuptial agreement can allow the couple to sidestep this element of Georgia’s divorce laws.

Typically, a prenuptial agreement will:

Dictate whether either spouse will be entitled to spousal support after a divorce
Outline the terms of any spousal support, in terms of amount and duration
Identify the separate property and debts of each spouse
Outline either spouse’s abilities to buy, sell, transfer, or exchange property
Identify any financial obligations from a prior marriage
Identify inheritance rights and obligations
Ensure that family heirlooms and property pass to the proper beneficiaries
Protect either spouse’s interests in a business
Discuss how any bills or household expenses will be handled
Protect children from a prior marriage

Prenuptial agreements do not deal with child support or child custody matters. Child custody matters are always determined based on what is in the child’s best interests, while child support is determined under guidelines developed by the Georgia courts.

Importantly, the agreement ensures that the couple will make these important decisions when tensions are not running high. That way, key issues are resolved logically, to avoid situations where the spouses make rash decisions out of anger.

What Requirements Must Prenuptial Agreements Satisfy to Become Enforceable in Georgia?

Prenuptial agreements must be executed in accordance with Georgia laws to be enforceable. If certain requirements are not satisfied, the court can decide not to enforce the contract.

According to the Supreme Court of Georgia, a prenuptial agreement may be unenforceable if:

The contract is unreasonable or unfair because of a change in circumstances that occurred since the contract was executed.
The agreement was a product of fraud, duress, mistake, misrepresentation, or failure to disclose material facts.
The agreement was unconscionable at the time it was executed.

Prenuptial agreements should be signed and in writing.

What Are the Benefits of Having a Prenuptial Agreement in Atlanta?

There are a number of reasons why a couple may wish to consider entering a prenup before getting married. Prenuptial agreements aren’t just for the wealthy. They can provide peace of mind for any couple contemplating marriage.

Some examples of the benefits of having a prenup include:

Each spouse will have clarity about what happens to their finances if they decide to separate or get divorced.
Financial issues can be decided in a calm and rational manner, instead of during a potentially contentious divorce when the parties are angry or emotional.
A prenup can protect a spouse if they decide to forgo career opportunities to care for children or help the other spouse further their career goals.
Prenuptial agreements are private contracts, so financial issues can remain private instead of potentially becoming public in divorce.
Each spouse’s separate property will be clearly delineated to minimize conflicts over property division in a divorce.
Business owners can rest assured that their businesses will be protected and not disrupted in a divorce.
Two spouses can ensure that they will not be responsible for the other spouse’s pre-existing debts.

Prenuptial agreements have many different benefits. However, it’s important to obtain experienced legal counsel. Your lawyer’s experience can make a world of difference. Your lawyer can protect you from unfair provisions and ensure that you understand precisely what you’re signing.

When in doubt, contact our experienced Atlanta prenuptial agreement lawyers. We can help with drafting and negotiating the agreement’s terms and with any disagreements or challenges that arise.

Can an Existing Prenuptial Agreement Be Challenged in Atlanta?

When the formal legal requirements are respected, it’s difficult to challenge the validity of a prenup. However, when those requirements aren’t respected, a prenup can be challenged. A spouse can challenge one element of the agreement or the entire thing.

Prenups can be challenged for a few different reasons, including:

One party hid assets or failed to provide full financial disclosures.
One spouse did not voluntarily agree, nor did they have the opportunity to review the agreement and obtain an attorney’s assistance.
The facts have significantly changed since you entered the agreement, such as because your spouse inherited a large amount or became significantly more financially successful.

Importantly, a prenup isn’t unenforceable simply because it gives one spouse more money than the other. For example, the spouse challenging an agreement may prove that they didn’t have full knowledge of the other spouse’s assets. Alternatively, perhaps the other spouse intentionally prevented them from obtaining that knowledge.

The best way to avoid a challenge at a later date is to hire an experienced attorney. Your attorney can ensure the agreement to uphold its terms if challenged in the future.

Can a Prenuptial Agreement Cover Child Custody Matters Under Georgia Law?

No. A prenup cannot govern child support and child custody matters, and these provisions will generally be unenforceable.

Can I Seek to Modify or Revoke an Existing Prenuptial Agreement in Atlanta?

Yes. Even after you’re married, a prenuptial agreement can be changed. Prenuptial agreements can also be revoked entirely.

The catch is that both spouses must agree to any changes or revocation. Prenuptial agreements are contracts like any other. To change them at a later date, the parties must reach a new agreement.

Our attorneys can help you amend an existing prenuptial or postnuptial agreement. When you hire us, you can feel confident knowing that you’ll have an experienced attorney protecting your interests at every turn.

Contact Our Experienced Atlanta Prenuptial Agreement Lawyers for a Consultation

Getting married is a big step, and it’s totally normal to want some clarity about what the future might hold. A prenup isn’t about expecting things to go wrong — it’s about making sure you and your partner are on the same page.

At Crystal Wright Law, we help couples in Atlanta create personalized agreements that reflect their goals and protect what matters. Whether you’re preparing for marriage or revisiting an existing prenup, we’re here to help.

Reach out today to schedule a confidential, no-obligations consultation with our experienced Atlanta prenuptial agreement attorneys. Start your marriage with confidence, clarity, and the legal protection you deserve.