Lawrenceville Prenuptial-Postnuptial Agreements
For some, prenuptial agreements still have a negative connotation. However, premarital and postmarital agreements are being increasingly viewed as smart planning for marriage. Crystal Wright Law has represented engaged and married couples in Gwinnett County for nearly a decade. Contact our law office at 404-594-2143 to schedule a consultation to discuss how we can help you.
These agreements are a responsible way to prepare for the unexpected and protect both spouses in the event of divorce. A Lawrenceville prenuptial-postnuptial agreements lawyer can help you create a sound agreement to prevent conflict or unexpected financial issues in the case of your divorce.
How Crystal Wright Law Can Help with a Prenuptial or Postnuptial Agreement in Lawrenceville
Are you and your partner considering a marriage agreement? An experienced Lawrenceville family law attorney can help you facilitate an open financial discussion and draft a fair pre- or postnuptial agreement.
Choose Crystal Wright Law to help with your prenuptial or postnuptial agreement, and we will:
- Facilitate an honest, open conversation with your partner
- Help you explore areas that should be addressed in your marriage contract
- Help draft a valid pre- or postnup that prevents conflict and helps both spouses accomplish their financial goals if a divorce occurs
- Review your prenuptial agreement with you to ensure it is fair
Contact our Lawrenceville divorce lawyers today to schedule your initial consultation to discuss how we can help.
Overview of Prenuptial and Postnuptial Agreements in Georgia
A prenuptial agreement is a marital agreement couples sign before marriage to make financial arrangements in the event of their divorce. Postnuptial agreements offer the same protections when a couple is married. These agreements may cover what constitutes separate property and how joint assets will be divided after divorce.
Not all states recognize marriage agreements. However, prenuptial and postnuptial agreements are generally enforceable under Georgia law.
The Georgia Supreme Court ruled that an agreement must meet the following conditions to be enforceable:
- It must be conscionable,
- It must not be unreasonable or unfair due to changes in circumstances or facts since it was executed, and
- It must not have been obtained through mistake, duress, fraud, misrepresentation, or nondisclosure of material facts.
What Can a Georgia Prenuptial Agreement Do?
It is a common misconception that prenuptial agreements are only for high-worth individuals. To be sure, prenups were historically used to protect large assets and wealth. Now, they are increasingly used by couples of all economic statuses.
A prenup can protect both parties in many ways by:
- Creating an agreement for spousal support and maintenance
- Addressing property division and creating an inventory of separate property
- Protecting children from a prior marriage
- Ensuring family heirlooms and inheritance pass to the correct beneficiaries
- Protecting each spouse from the debts of the other
- Stating financial responsibilities in the marriage, including spousal and child support from a previous marriage
- Protecting partners in a business owned by one or both parties
- Ensuring both parties enter the marriage with a full understanding of each party’s financial situation, assets, and debts
Prenuptial agreements cannot, however, address child custody or child support issues. They also cannot cover non-financial requirements such as stipulations on appearance
A postnup can accomplish the same things as a prenuptial agreement. Postnups are often used when one spouse receives an inheritance after the marriage. It may also be helpful when one spouse decides to use separate assets to purchase a sizable asset like a home.
Sometimes these agreements are even used after couples experience challenges like addiction or infidelity. Postnups can ensure the offending spouse does not receive alimony or certain assets in case of a later divorce.
What Are the Benefits of a Prenup or Postnup in Lawrenceville, GA?
There are many reasons to consider a prenuptial or postnuptial agreement.
Here is why a growing number of couples view a prenup as a responsible choice heading into a marriage:
- A prenup can give you valuable peace of mind and clarify what your financial future will look like after a divorce.
- Financial concerns can be discussed while partners are happy rather than during an emotional divorce.
- A prenuptial agreement protects children from prior marriages. It ensures they do not suffer the loss of inheritance or financial stability.
- Assets brought into the marriage can be identified as separate property. This prevents them from becoming marital property.
- Each party is protected from the debts and obligations of the other.
- A prenuptial agreement ensures finances and personal matters remain private. A divorce makes these details public record.
- A spouse that chooses to stay home or raise children can be protected with agreed-upon financial provisions.
- A prenup prevents a divorce from impacting a business owned by both parties or partnership in a family business.
A prenuptial agreement does not mean that couples are anticipating divorce. It’s merely a tool to encourage open, honest financial discussions and make plans for the unexpected. A proper prenup or postnup does not just protect one spouse; it protects both spouses in case of divorce and eliminates contentious battles later on.
Can a Prenuptial Agreement Be Challenged in Lawrenceville, Georgia?
Although it is not easy, it is possible for a prenuptial agreement to be challenged under Georgia law.
There are three primary grounds for challenging a prenup:
- It was obtained against your will due to fraud, duress, or misrepresentation. Georgia law requires a prenuptial agreement to be willing, and all debts and assets must be disclosed. You must also have the opportunity to review it with an attorney before signing.
- It was unconscionable or benefited one partner unfairly. Courts have a great deal of discretion and may determine this on a case-by-case basis. That a prenup is unfair may not be a valid reason to challenge it.
- Circumstances or facts have changed since the prenup was signed. If one spouse received an inheritance or began a very profitable business during the marriage, the prenup may be challenged.
The best way to avoid a challengeable prenup is to ensure it’s drafted fairly with legal representation for each partner. It should not include any invalid provisions.
If you believe a prenuptial marriage agreement you signed was unfair, it may be possible to challenge it. An experienced Lawrenceville prenup attorney can help you discuss your options. Contact us today to learn more about an attorney client relationship.
Contact a Lawrenceville Prenuptial-Postnuptial Agreements Attorney for a Consultation
If you and your partner are considering a prenup or postnup, it’s important to retain your own experienced family law attorney for legal advice. This avoids any conflicts of interest. This also reduces the chances of the prenup being challenged in case of divorce.
Crystal Wright Law represents couples and families in all areas of Georgia family law. Contact our law office today to schedule a consultation with a Lawrenceville prenuptial-postnuptial agreements attorney to discuss how we can help you.