Prenuptial Agreement Legal Support In Lithonia, Georgia
Data from the National Statistics Office of Georgia indicates about 10,168 first-marriage divorces statewide in 2019. When engaged couples decide to tie the knot, they often choose to pool their wealth and assets. However, life changes, and only some things go according to plan. If the couple dissolves their marriage, a prenuptial agreement can help define expectations, safeguard kids and valuables, and help both parties seek peace and financial stability.
If you are contemplating establishing a prenup with your soon-to-be spouse, consult an experienced Georgia family law attorney for further guidance. Our founder, attorney E. Noreen Banks-Ware, is committed to providing comprehensive legal advice in marital agreement-related matters and will offer you detailed counsel, support, and advocacy. That way, you can make educated and beneficial decisions at every step of the process.
At E.N. Banks-Ware Law Firm, LLC, we assist couples across Lithonia, Covington, McDonough, Decatur and Conyers, Georgia.
Prenuptial Agreements In Georgia
A prenup, or premarital agreement, is a marital contract couples enter before saying “I do.” The purpose of the prenuptial agreement is to define expectations and determine each spouse’s rights if they decide to dissolve their marriage.
What Is Covered?
The primary purpose of a prenup is to allow you to determine how assets will get divided if the couple decides to divorce. Prenups can cover the following issues:
- Identifying the assets, debts, and liabilities each spouse is bringing into the marriage
- Stating whether one spouse will pay spousal support to the other spouse
- Determining how property and income accumulated during the marriage will be divided by the couple
What Isn’t Covered?
A prenup can not cover the following issues:
- Eliminating a spouse’s responsibility to pay any debt or liability incurred at the date of the marriage itself
- Determining child custody or support
- Determining property distribution upon the death of one spouse
Who Should Get One?
Prenuptial agreements are essential, especially if either you or your partner have significant separate property, will inherit an asset, or receive cherished family assets from a trust. You can also get a prenuptial agreement to:
- Fortify the assets you own before the marriage
- Determine asset division in a divorce
- Shield yourself from taking on your spouse’s liabilities or debts
- Describe the responsibilities each spouse have
- Ensure care for your kids from a past marriage or relationship
- Safeguard estate plan assets to ensure they stay with the family
- Decide how you will share finances, expenses, and household bills with your spouse
Can You Modify A Prenup?
Yes, you can. Your attorney must prepare an addendum to the initial agreement to do so. Once the new contract has been properly signed and witnessed, it will become a part of the initial agreement, and the new terms or modifications will be in effect.
Put A Strong Plan In Place
Why Are Prenups So Vital?
Marital agreements are important to:
- Establish boundaries, which can simplify things long-term
- Allow you and your fiancé to have a transparent discussion about what each of you value
- Protect yourself if you or your spouse’s life circumstances significantly change
Additionally, marital agreements aren’t unfair to the less wealthy spouse. It can help to consider getting one regardless of the number of assets you own.
Ensuring Enforceability
For a prenuptial agreement to be enforceable in Georgia, the following conditions must be met:
- The prenuptial agreement must be in writing
- At least two persons must “witness” the signing of the agreement
- The prenuptial agreement must be filed in the county superior court clerk’s office where the spouses live within three months from the date you and your spouse sign it
In addition, Georgia requires both parties signing the marital agreement to be competent enough to enter into a contract. This requires that:
- Both spouses are old enough to get married
- The spouses are both mentally competent
- The spouses are not related to each other
- At the time the couple marries, neither spouse is married to another person
An experienced attorney can help simplify the process, ensure your agreement meets the requirements, and develop a sound and legally enforceable prenup.
Work With A Well-Versed Family Law Attorney
Preparing for life’s uncertainties is essential. As you plan to marry your significant other, drafting a prenuptial agreement can help you and your partner protect your assets and finances. An experienced Georgia family law attorney can provide you with the detailed guidance and advocacy you need to draft your prenuptial agreement.
Our founder, attorney E. Noreen Banks-Ware, can provide dedicated, thoughtful and experienced guidance to help you draft robust, thorough and legally sound marital agreements. She will enlighten you about the features and pitfalls and help you evaluate your options. Attorney Banks-Ware will also outline the best way to protect cherished assets, children, finances, and the future. She will guide you through the process and ensure you have a valid prenuptial agreement that meets all process expectations and is fair to all parties.
Prenuptial Agreement Lawyer In Lithonia, Georgia
Are you considering drafting a prenuptial agreement? Contact our team at E.N. Banks-Ware Law Firm, LLC, today to schedule a personal consultation. Attorney E. Noreen Banks-Ware will offer you the experienced legal representation and support you need to make crucial decisions. Our firm proudly serves individuals and families across Lithonia, Covington, McDonough, Decatur and Conyers, Georgia.