Atlanta Pre-Nuptial Agreement Lawyers
A pre-nuptial agreement in Georgia is a legal document that details an unmarried couple’s intents and needs. A pre-nuptial agreement must be entered into before the couple is married, otherwise the now married couple will need to develop a post-nuptial agreement. A pre-nuptial agreement will usually contain a wide range of subjects, but are not allowed to cover anything criminal, cannot affect a child’s right to support, and does not adversely affect public policy. Usually, a pre-nuptial agreement includes information about the couple’s rights and obligations, spousal maintenance or alimony, and the disposition of any property and assets owner by either or both spouses. A pre-nuptial agreement is considered valid and enforceable once the marriage has occurred and can only be modified or revoked if both spouses voluntarily consent to the changes.
Choosing a Pre-Nuptial Agreement
For many couples anticipating an upcoming marriage, a pre-nuptial agreement is a precautionary measure that protects the couple in the event of a separation, divorce, death, or other unexpected event. A pre-nuptial agreement will help the couple and family distribute the property and assets according to the couple’s wishes. A pre-nuptial agreement can also protect children from a previous marriage, by ensuring those children get property in the event of an unexpected event.
Invalidating a Pre-Nuptial Agreement
There are some circumstances in which a pre-nuptial agreement can be invalidated. This is why it is important that a couple consult with Atlanta family law attorneys to develop a pre-nuptial agreement. A pre-nuptial agreement may not be honored if:
- One party was not represented by an attorney
- The pre-nuptial agreement was not in writing
- The pre-nuptial agreement is unconscionable, which means that it was grossly unfair
- The pre-nuptial agreement was entered into under duress or coercion
Pre-nuptial agreements can be modified, but must be done in writing and in agreement with both spouses.
Knowledgeable Litigators, Experienced Negotiators
At Bushnell & Drye, LLC we have experience in dealing with pre-nuptial agreement and understand how to negotiate an agreement that represents a client’s best interest. Our legal team understands the need for long-term solutions that will care for any financial or property issues that may arise in the face of unexpected situations. We work to develop realistic agreements that comply with the family laws of Georgia and help our clients preserve their family. The family law attorneys at Bushnell & Drye have the knowledge to handle your child custody, divorce, separation, pre-nuptial and post-nuptial agreements as well as other common family law issues. Call us or contact us online for more information about your legal circumstances.