Prenup

MLF Team

Do You Need a Lawyer for a Prenuptial Agreement in Georgia?

If you are looking to sign a prenuptial agreement in order to protect yourself financially, you will need the help of a skilled attorney.   It’s important to remember, however, that not everyone needs a prenuptial agreement.

It is up to you whether you want to sign a prenuptial agreement.  The main reason couples choose to use a “prenup” is to protect their assets in the event of a divorce. In addition to protecting non-marital and other assets, a prenup is helpful because it forces the parties to discuss finances and how all aspects of finances are handled prior to marriage.  With financial issues being a leading cause of divorce, a prenup can help limit these communication problems during the marriage.

Can I Write My Own Prenup in Georgia?

While you are allowed to write your own prenup, it is not advisable.  You can write your own prenup in Georgia, but there are few rules.

  • All finances must be written, documented and properly disclosed.
  • It must include the proper legal language to be enforceable during a divorce.
  • It must bear the signatures of both parties.
  • At least two people must “witness” the signing of the agreement.

If you want to create a clear, binding prenuptial agreement, you need to hire an attorney who specializes in prenuptial agreements.

If you’re wondering whether you can actually write your own prenup, the answer is yes but you should be careful.  You may want to talk to a lawyer first to ensure that you’re doing everything correctly.

Does a Prenup Protect Against Debt?

Yes; however, If you don’t plan ahead you could end up with a big financial problem. This is why it’s important for you to talk to your attorney before you sign anything.   A prenup allows you to clearly document each other’s financial responsibilities in the event of a divorce.  A well-written prenuptial agreement will allow you to keep your spouse’s student loan debt, credit card debt, or any other financial burden separate.

A prenuptial agreement is a contract signed by both partners prior to marriage.  It covers certain assets and liabilities such as property, debts, and income.  A prenup protects your rights, but it doesn’t necessarily protect you from any legal problems.

In contrast, a post-nuptial agreement is an agreement that you enter into during the marriage . It can help to cover all of the issues that arise when you split up.

Can You Get Rid of a Prenup During Marriage?

Yes, you’ll be happy to know that most states including Georgia allow you to rescind a Prenuptial Agreement at any time by having an attorney prepare an addendum to the original agreement. After that has been properly signed and witnessed, it becomes part of the original agreement and will reflect the new terms or changes.

The best way to learn more about your rights is to contact an experienced prenuptial lawyer.  The Millard law firm will help to make sure that all bases are covered in the event of a divorce.

Common Prenuptial Agreement Terms

The most common Prenuptial Agreement that are signed by couples include the following provisions:

  • Equitable Division of assets and debt: The Prenuptial Agreements can include language about how the couple will divide the assets and debts in the event of a divorce.
  • Property protection: The Prenuptial Agreements can include language in order to protect a party’s pre-marital or separate property before they get married.
  • Alimony: The Prenuptial Agreements can include language where the couple agree that one spouse will pay alimony to the other in the event of a divorce.

The Millard law firm can help make sure that you are protected and covered in the event of a divorce.