Crystal Wright | December 1, 2025 | Family Law
Getting married comes with joy—and real-world money questions. Some couples even search for Atlanta divorce lawyers before the wedding because they want to understand their options if things ever go wrong. While ideas like “divorce insurance” may sound simple, they don’t solve the hard parts of a split. A better, healthier option for most couples is a prenuptial agreement (prenup).
Continue reading to learn more about prenuptial agreements and whether they’re right for you.
What Is “Divorce Insurance,” Really?
Divorce insurance is a policy meant to help cover future divorce costs. The problem? It doesn’t set ground rules for property, debt, or support. It may even make ending a marriage feel easier because fees are “covered,” which works against long-term commitment. A prenup, by contrast, helps couples plan and reduce conflict if things ever change.
Why a Prenup Beats a Policy
A prenup is a written agreement you sign before the wedding. It outlines how you’ll handle money, property, and debt if you ever separate or divorce. It builds clarity now, so emotions and court battles don’t decide later.
Many smart, ordinary couples use prenups to protect a business, safeguard family gifts, or keep one spouse’s debts separate. It’s planning, not “jinxing” the marriage.
Georgia Basics: What Makes a Prenup Valid
In Georgia, an antenuptial (prenuptial) agreement must be in writing, signed by both parties, and attested by two witnesses—one must be a notary.
Georgia courts also look at three key fairness questions: (1) Was there fraud, duress, mistake, or nondisclosure? (2) Is the agreement unconscionable? (3) Have circumstances changed so much that enforcement would be unfair?
What a Prenup Can Cover
A prenup is a flexible planning tool. In Georgia, couples often use it to set clear rules before conflict begins.
Here are common topics a prenup can address:
- What stays “separate” vs. what becomes “marital” property
- How to divide assets and debts if you split
- Whether either spouse gets alimony, and how much
- How to treat a business, professional practice, or real estate
- How to handle inheritances and family gifts
Done well, a prenup can save stress and money later.
What a Prenup Can’t Do
A prenup cannot set child custody or child support—that’s up to a judge based on the child’s best interests. It also can’t be grossly unfair or signed under pressure. Full, honest financial disclosure matters, and each person should have time to review the terms.
Who Should Consider One
A prenup makes sense for many couples, not just the wealthy.
You should consider one if:
- You own a business or plan to start one
- You have real estate, retirement accounts, or significant savings
- You expect an inheritance or family gifts
- You carry large debts (student loans, credit cards, medical bills)
- You are remarrying or blending families
- You have children from a prior relationship
- One partner earns much more than the other
- One partner plans to pause a career for family or school
A clear, fair prenup sets expectations early, protects premarital assets, and separates personal debt. It can also outline support if someone steps back from work, helping both partners feel secure. Good planning now can prevent confusion, reduce legal costs, and keep the peace later.
Timing and Tips in Georgia
Start early—months before the wedding. Share finances fully, and allow time for review. Each of you should consider having your own lawyer. Sign before the ceremony with the required witnesses, including a notary, to meet Georgia’s statute and avoid “duress” arguments later.
Contact the Atlanta Prenuptial Agreement Lawyer at Crystal Wright Law, LLC for Help Today
Thinking about a prenup—or worried about “divorce insurance?” Crystal Wright Law, LLC can draft, review, or update your agreement under current Georgia law. Our Atlanta prenuptial agreement attorney keeps the process respectful, clear, and efficient so you can focus on your future together.
To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today, call us at 404-594-2143.
We have offices in Atlanta and Lawrenceville, Georgia.
Crystal Wright Law – Atlanta Office
1718-1720 Peachtree St NW, Suite 920, Atlanta, GA 30309
(404)-594-2143
Crystal Wright Law – Lawrenceville Office
440 S. Perry Street, Suite 105, Lawrenceville, GA 30046
(404)-649-5554
