The idea of entering into a prenuptial agreement may not ring as romantic as we enter the summer wedding season. However, at the risk of suggesting too much cynicism, the fact remains that the divorce rate for U.S. couples is upwards of 50%.
To add a more fitting perspective to the discussion, creating a prenuptial agreement may actually strengthen the marriage. Communicating about money matters is vital to the strength of any relationship and can support good communication throughout the marriage. Let’s face it; marriage is as much a financial partnership as it is a romantic partnership.
If you’re considering a prenuptial agreement or have questions about the process, the Marietta family law and divorce attorneys at Tori White Legal Group can guide you through every step. Our team can clarify the implications of the agreement, offer valuable insights, and help draft a prenup that is legally sound and reflects your intentions accurately. We are ready to provide you with the support and legal guidance you need to secure your future. Contact us today at (770) 744-1529 to schedule a consultation.
When You Should Consider a Prenuptial Agreement
A prenuptial agreement is crucial in several scenarios, particularly for those entering a marriage with substantial pre-existing obligations or assets. Key situations where couples can benefit most from having a prenuptial agreement are:
Previous Marriages
Prenuptial agreements are most commonly used when one or both parties have been married previously and wish to protect the assets they bring into the marriage. This issue is particularly relevant if there are children from the previous marriage and the parent spouse seeks to provide for the rights of the children from the prior marriage.
Business Owners
Business survival depends on plans in place before an emergency strikes. A prenuptial agreement can protect both the business owner and the spouse from being obligated for business expenses and debts. What’s more, prenuptial provisions can guide the sale of the business from one spouse to the other as well as which spouse retains control of the business post-divorce.
Debt
While traditionally, the prenuptial agreement protects the separate assets brought into the marriage, the agreement can and should address liability for debts incurred in connection with the ownership of separate property.
Desire to Protect Family Heirlooms
If you have family heirlooms that you wish to keep in the family or expect to receive an inheritance during the marriage, you should consider a prenuptial agreement.
A prenuptial agreement may dispel some romantic notions prior to entering a marriage, but it’s a valuable tool for planning the couples’ life together. Georgia courts have upheld prenuptial agreements since 1982 with certain conditions. Each spouse should have a separate attorney to navigate the circumstances of each party to draft an enforceable prenuptial agreement.
| Reason | Explanation |
|---|---|
| Previous Marriages | Protects assets from prior marriages and ensures children’s inheritance rights. |
| Business Owners | Shields business assets from marital disputes and outlines ownership/control post-divorce. |
| Debt Protection | Clarifies responsibility for debts tied to separate property. |
| Family Heirlooms | Ensures inherited assets or family heirlooms remain within the family. |
Do You Have to File a Prenup with the Court?
When considering the formalities of a prenuptial agreement, one common question is whether this document must be filed with the court. In Georgia, filing a prenuptial agreement with the court is a necessary step.
Firstly, it is important that the prenup is drafted clearly to reflect both parties’ intentions and includes a comprehensive declaration of each spouse’s assets and liabilities. After the agreement is signed by both parties and witnessed by at least two individuals, one of whom must be a notary public, it must be filed in the county’s Superior Court Clerk’s Office where either spouse resides. Moreover, this process should be completed within three months of the agreement’s signing date.
The purpose of filing the prenup with the court is to have it recognized as a valid contract under the law and ensure its enforceability in the event of a divorce, helping protect the interests of both parties. Georgia law aims to interpret these agreements broadly to fulfill the intentions of the parties involved, emphasizing the importance of formalities such as filing with the court to uphold the validity of the document. Thus, when preparing a prenuptial agreement, adherence to these steps is crucial for its effectiveness and enforceability in the future.
How a Skilled Marietta Family Law and Divorce Attorney From Tori White Legal Group Can Help
Understanding the importance of a prenuptial agreement is crucial for anyone getting married. These agreements serve as a practical tool for managing financial expectations and protecting the interests of both parties should the relationship face challenges in the future. Deciding whether a prenup is right for you involves numerous considerations, and seeking legal counsel can be beneficial.
At Tori White Legal Group, our experienced Marietta family law and divorce attorneys can offer personalized guidance on prenuptial agreements. We take the time to listen to your needs, clarify your goals, and provide legal advice tailored to your unique situation. Whether you are drafting a new agreement or need a professional review of an existing one, our team is equipped to help you make an informed decision.
If you’re contemplating a prenuptial agreement and want to understand how it can benefit your specific situation, reach out to Tori White Legal Group. Let us help you prepare for your future with confidence. Contact us today at (770) 744-1529 to schedule a consultation.
