How to Make Your Prenup in Atlanta Last Longer Than Your Marriage | Cobb County Prenups Lawyer


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Prenuptial lawyers in Atlanta wish that all marriages would stand the test of time. The sad truth, however, is that the majority of marriages really do end in divorce. While no couple should get married anticipating that this will happen, working out some prenuptial details is the best way to protect you and your spouse in the event of a divorce.

Making a prenuptial agreement is one thing, but how can you make sure that it will stand up in court if your spouse contests it? How can you make sure that a judge won’t throw it out? Here are some key tips for making a prenup that will be binding.

  • Make sure to get it in writing. Take it from a prenup lawyer who has handled plenty of these cases in Atlanta; oral agreements become “he said, she said,” and are not valid.
  • Disclose all of your assets and liabilities. If you or your spouse hide anything, the prenup may be tossed out on the grounds that full disclosure was not made at the time of signing.
  • The prenup must not be unconscionable (that is, so unfair to one side that no reasonable person would have agreed to it). If the agreement is too lopsided, favoring one spouse over the other, a judge may throw it out entirely, leaving you with no protection.
  • The prenup must be signed voluntarily. Be sure to do this well before the wedding; one signed the day before, for example, may be seen as coercing the signature of the other party in order for the wedding to be held at all.
  • Both parties must sign, and there should be witnesses. You need proof that the signing was voluntary and not coerced, so witnesses are critical. A notary is your best bet, as their claim will hold up if your spouse takes you to court in a divorce.

The details of a prenup are important, no matter which side of the contract you are on. It may protect one spouse’s assets, but it can also protect a spouse from the other party’s liabilities. Both parties have every reason to make sure that it is fair and properly executed. It may seem unromantic, but it’s a necessary step, no matter what level of assets you may have.

Prenuptial lawyers in Atlanta see cases where spouses have every right to contest the prenup, and are doing so because it is unconscionable. Other times, there is a loophole in the contract that allows a spouse who should get less by the terms of the contract take a major bite out of his or her ex-spouse’s assets.

Making a prenup that is fair, legally binding, and that will hold up in court can be tricky. Complicating the matter further is the fact that a wedding is emotionally charged. Of course everyone wants the marriage to last and for the prenup to never come into play, but unfortunately, prenup lawyers in Atlanta use these documents all the time to properly distribute assets during a divorce. Love and good intentions just aren’t always enough.

If you are getting married, and are ready to put your intentions in writing, call our Atlanta prenuptial lawyers at 770-425-6060.

 

 

Prenuptial Agreements as a Part of Newlywed Planning in Atlanta

Prenuptial Agreements as a Part of Newlywed Planning in Atlanta

Atlanta prenuptial agreements lawyer

 

There are few times in life that are as exciting and full of promise as the period of wedding and newlywed planning.  People know that their wedding day will be one of the most remembered of their lives.  While there is certainly stress involved in making so many decisions, there is also an underlying sense of fun.

Unfortunately, there are some aspects of newlywed planning that are not quite as enjoyable as others.  Still, paying attention to things like estate planning and prenuptial agreements help to set up the marriage in a healthy way.  Some people will argue against that notion, but marriage lawyers in Atlanta GA have seen the benefits of this kind of preparation.

The prenup itself is a legal contract between the two parties who plan to be married.  Just what is covered in the document will depend on you and your future spouse and your circumstances.  For example, if this is your first marriage and there are no children involved, your needs will be different than for couples whose marriages will be blending families with stepchildren.

The idea of a prenup is generally to determine how property will be divided should the marriage not survive.  It also takes into consideration things such as spousal support that might be extended and the circumstances surrounding it.

State laws vary quite a bit when it comes to prenups, so it’s really important for Atlanta, Georgia, couples to find an attorney that practices within the state.  Actually, you will want to find two separate lawyers, as each prospective spouse should have his or her own representation.  This is important, not just because it protects each individual’s best interests up front, but because if and when the prenup needs to be upheld, the courts are much more likely to honor it for the same reason.

Not Just for Marriages that End

One mistaken notion that many people have is that prenuptial agreements are only useful if the marriage comes to an end.  What commonly gets overlooked is that it is actually a useful tool in avoiding divorce.  When couples take the time to outline their thoughts about the financial aspects of their upcoming marriage, they are better able to get on the same page about money, fidelity, and other important topics that the marriage lawyers are going to bring up for discussion.

We help lots of prospective brides or grooms in and around Atlanta plan for their futures together with prenuptial agreements. If you’d like our help, please call us at 770-425-6060.

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