We never want to think about getting a prenuptial agreement. When the proposal is over and the wedding plans are being made, we like to think of things like getting the perfect dress, finding the perfect wedding venue, what the cake will look like, and who should be on the invitation list. However, another thing that should be added to the list of things to prepare for the wedding should be a trip to see a trusted family law attorney.
What is a Prenuptial Agreement?
According to Georgia laws, a prenuptial agreement is a contractual agreement that two people enter into before they get married. It spells out details of how property will be divided, how debts will be managed, and other financial issues that the couple could face if they ever decide to dissolve their marriage. A prenuptial agreement can also spell out how they wish to handle other important issues that come up during a marriage.
Although a prenuptial agreement does not have to be in place for property and debts to be divided, not having a prenuptial agreement gives the state of Georgia the discretion to determine how property should be handled and divided if a divorce occurs. Having a prenuptial agreement allows the parties to determine how things will be handled rather than leaving such matters up to the discretion of the state.
Unfortunately, not all prenuptial agreements are created equally. Although having some type of prenuptial agreement in place is recommended for all couples, many of them have weaknesses that one side of the marriage may exploit. If you are going to be getting married soon, make sure that your prenuptial agreement will hold up in court if your spouse ever decides to challenge it.
What Makes a Prenuptial Agreement Weak?
There are several ways that a prenuptial agreement can be challenged. However, the most common weaknesses are improper creation, unconscionable or illegal provisions, or weak legal language.
When a prenuptial agreement is created, both parties must understand the legal issues at hand and must not be under illegal or unfair pressure when agreeing to the terms. In addition, the legal language, just like other types of legal documents, is vital. If it contains vague or contradictory language, or includes terms that are written poorly, an experienced attorney may find a way to defeat the prenup either partially or entirely. Lastly, the agreement cannot contain illegal restrictions on custody rights or treat one party much less amenable than the other or the court may refuse to uphold it.
What if I am Already Married?
No need to worry. In Georgia, if you are already married, you can enter into an agreement that is very similar to a prenuptial agreement called a postnuptial agreement. The requirements, powers, limitations, and provisions of a postnuptial agreement are nearly identical to a prenuptial agreement. The biggest difference is that these agreements are put in place after the marriage occurs.
Contact an Experienced Georgia Family Law Attorney Today
If you are in the midst of making wedding arrangements, be sure that creating a prenuptial agreement is on the list. Contact the attorneys at Lankford & Moore Law today to schedule a consultation and ensure that your future is protected.