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Atlanta Divorce Lawyer > Alpharetta Prenuptial Agreement Lawyer

At Buckhead Family Law, our Alpharetta prenuptial agreement lawyers provide the most professional level of legal representation to all our clients. We have a deep understanding of the laws surrounding marital agreements in Georgia, and our priority is to protect your rights. We will draft, negotiate, review, and litigate prenuptial agreements, or prenups as most people know them. To schedule an initial confidential consultation with our Alpharetta prenuptial agreement lawyers, please call Buckhead Family Law today.

A prenup is a useful method to ensure proper issues are addressed in your marriage. It can bring peace of mind and security to both spouses. However, to be enforceable, your prenup should be prepared by an experienced and knowledgeable Alpharetta prenuptial agreement lawyer. Read below to learn more about why couples choose to create a Georgia prenuptial or postnuptial agreement and contact Buckhead Family Law for assistance.

Prenups are contracts that future spouses enter into before marrying that address assets and liabilities in the event they eventually get divorced. Assuming your prenup is properly drafted, it will be legally enforced in Georgia. Prenups are not perfect for every situation, but they can help address important issues and provide clarity, security, and additional peace of mind.

Georgia law will enforce prenups as local contracts. However, some strict regulations and procedures must be met before the court will declare a prenup is legally valid. To start, all prenuptial agreements have to be in writing. Oral prenuptial agreements are not legally valid in Georgia. Both parties need to sign the prenup with a notary public present, along with acceptable witnesses. You can only address specific issues and topics in your marital agreement; otherwise, the court may throw your case out. For example, prenuptial agreements cannot address child custody rights or child visitation rights.

Both parties should consider hiring their own family law attorney to assist them with the prenuptial agreement. You should have your independent legal representation to draft, negotiate, and review the prenuptial agreement’s terms. It’s very easy to have a prenup invalidated in Georgia as there are numerous grounds. Some issues that could invalidate your prenup could include failure to disclose all marital assets, or the drafting party made a misrepresentation.

One of the most common reasons people create prenuptial agreements is to address a major difference in one person’s assets and income entering the marriage. The wealthier partner likely wants to ensure their separate assets are protected in the event of a divorce. The spouse who is the less affluent spouse will want to ensure they are well-protected in the event of a divorce. When one partner owns a business or is a co-owner in a company, they also need to protect their premarital assets.

If you need assistance with drafting, negotiating, or reviewing a prenup agreement, let our Alpharetta prenuptial agreement lawyers help. We are here to answer all your questions. Contact Buckhead Family Law today to schedule an initial consultation.

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