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When you get married, you’re most likely just starting out and don’t have assets.
So, what’s even the point of getting a prenuptial agreement in Georgia?
Prenuptial agreements in Georgia can get used to determine things like:
- who gets to keep the dog
- how finances will get handled during the marriage
- will one spouse stay home to raise the kids
- will that affect alimony in the event of separation
- how will student loans get paid off and by who
These are just a couple of the items a prenup in Georgia can cover.
So, let’s dig into it.
Table of Contents
- Prenuptial Agreements In Georgia
- What Is A Prenuptial Agreement?
- Who Should Get A Prenuptial Agreement?
- How To Get A Prenup In Georgia
- How Much Does A Prenup Cost?
- What Issues Can A Prenuptial Agreement Cover?
- Can A Prenup Determine Child Custody And Child Support?
- Can A Prenup Determine Alimony?
- How To Make Sure My Prenup Is Enforceable?
- Can The Courts Reject My Prenup During Divorce?
- Can You Change The Prenup Later?
Prenuptial Agreements In Georgia
Prenuptial agreements in Georgia get used to determine lots of things about marriages.
This can include things like:
- who gets to keep the pets during separation
- who is responsible for debts incurred by each spouse (i.e., a $40,000 boat you’d have to pay half of in a divorce)
- keeping credit cards separate or joint and who owes those debts
- keeping the inherited property as separate property
- how to split up marital property
- how joint bank accounts will get managed during the marriage
- who handles what expenses during the marriage (i.e., will all expenses get split 50/50?)
- how much will each spouse contribute to retirement and savings
- religion and education for the children
- property distribution in the event of death
- whether one spouse will go back to school
- how to handle a business during and after a marriage
This list is not all-inclusive.
But it gives you an idea of what you can accomplish with a prenuptial agreement in Georgia.
Prenups are not only used in the event of a divorce.
They can help couples figure out lots of things during their marriage.
Prenups help ensure your marriage is successful long term.
What Is A Prenuptial Agreement?
A prenuptial agreement is an agreement that two people enter into before their marriage.
A prenup allows couples to agree on how to divide property, debts, and other financial issues for separation.
Without a prenuptial agreement in Georgia, the courts will make financial decisions for you in divorce.
Getting a prenup allows you and your spouse to come up with a fair agreement that works for both of you.
From our experience with divorces, when the courts decide, you will not be happy with the decision.
It’s better to come to a fair agreement on your own that works for both of you.
Who Should Get A Prenuptial Agreement?
Prenuptial agreements are not for everyone.
But there are several reasons you should consider getting a prenuptial agreement in Georgia.
You should get a prenup if either of you:
- owns assets (i.e., retirement accounts or real estate)
- has debts (i.e., student loans or medical bills)
- has children from other relationships
- has interests in a business
- are going to receive any inheritance
- wants to be a stay at home parent
- has pets
Again, this is not an exhaustive list of why you should get prenuptial agreements in Georgia.
If you have a special case you’re curious about, fill out the form on this page for a free consultation.
How To Get A Prenup In Georgia
You have two options when it comes to how to get a prenup in Georgia.
- hire a Georgia prenup lawyer to create the prenup for you
- download a do it yourself prenup agreement
Your prenup should be written in a way that’s clear, understandable, and legally sound.
If the prenup written incorrectly, it will not hold up in court during a divorce.
This means that the judge can choose to ignore your prenuptial agreement.
Which means your finances will be divided per the law.
(Also known as how the judge wants to split things up for you.)
Your marital property, separate property, and debts will get split according to family law.
And if one of you dies, the other spouse:
- will be responsible to creditors
- may not get to keep all your property
If you want to have a prenup attorney create a prenup for you, fill out the form on this page.
We will make sure:
- your spouse gets your property in the event of death
- separate property is not co-mingled and lost
- neither of you gets raked over the coals financially
- neither of you gets unfair treatment in the event of separation
But how much does a prenup cost?
How Much Does A Prenup Cost?
How much does a prenup cost depends on your situation.
If your finances are straightforward, then a prenup costs between $1,200 and $2,400.
The more you and your significant other have to negotiate, the more your prenup will cost.
If you have complex financial issues, prenups can cost up to $10,000+.
These are things like businesses, inherited trusts, LLC, partnerships, etc.
For the average person, you can expect a prenup to cost between $1,200 and $2,400.
If you want to save money on the cost of a prenup, check out our Do-It-Yourself Prenups.
What Issues Can A Prenuptial Agreement Cover?
A prenuptial agreement in Georgia can cover a lot of issues.
A prenup defines the rights and obligations during marriage and divorce.
These include alimony, property ownership, and debt repayment.
A prenup can include some of the following issues:
- each spouse’s right to separate and marital property
- each spouse’s right to buy, sell, transfer, spend, or manage property and assets during the marriage
- each spouse’s entitlement to spousal support
- each spouse’s right to death benefits from the other party’s life insurance policy
- protect one spouse from the debts of the other
- the making of a will in support of the agreement
- the state law governing the agreement
- property division upon separation, death, or divorce
- any other issue the couple agrees on
Can A Prenup Determine Child Custody And Child Support?
A prenuptial agreement in Georgia will not determine child custody or child support.
It’s the judge’s job to do what’s in the best interest of the child.
This means that custody and child support get determined by what the child needs.
Parents cannot take this decision-making power away from the judge with a prenuptial agreement.
Even if you did include it in your prenuptial agreement in Georgia, the courts would ignore it.
Can A Prenup Determine Alimony?
You can include alimony in your prenuptial agreement in Georgia.
Your prenup can limit the amount or timeframe in which alimony gets paid.
Prenups limiting alimony are a grey area in family law.
The judge has the right to ignore your prenup limiting alimony.
They can award either spouse alimony even though there’s a prenup limiting it.
They will overrule your alimony you agreed upon in the prenup if it seems unfair or retaliatory.
If a parent quits work to stay home with the children, the judge may award them alimony.
If a spouse is marrying into wealth, the judge may not overrule the prenup.
It all depends on what the judge deems as fair.
How To Make Sure My Prenup Is Enforceable?
To make prenuptial agreements in Georgia enforceable, here’s what to do.
- Your prenuptial agreement should be in writing.
- You should have two witnesses for your prenup.
- You need to file the prenup at your Superior Court Clerk’s office.
There are some other guidelines for signing a prenuptial agreement in Georgia.
Each spouse should be:
- old enough to get married (17 years old)
- mentally competent (not insane or mentally disabled)
- single (not married to another person)
- unrelated to each other
- truthful about their assets and debts
- speaking to an attorney before signing a prenup
Can The Courts Reject My Prenup During Divorce?
When you’re separating, the judge decides whether your prenuptial agreement is enforceable.
A judge will throw out the prenuptial agreement in Georgia if one spouse:
- forced the other to sign via fraud or duress
- did not disclose material facts
- misrepresented information
- made the agreement so unfair the courts can’t enforce it
Another reason would be if your circumstances have changed, making the prenup unfair.
For example, let’s say the wife started her own business, which is now making millions per year.
At the same time, the husband agreed to stay home with the children and to help support the wife’s business.
They had agreed to no alimony when they both had average jobs and lives.
But now, it would be unfair to the husband.
In a scenario like this, the judge would not enforce the prenuptial agreement for alimony.
Fraud occurs when a spouse conceals assets when making the prenup in Georgia.
Let’s say the husband inherited a trust that he earns $10,000 per month from.
If he concealed this from his spouse when he signed the prenup, this is fraud.
Duress is when one spouse forces the other to sign the prenuptial agreement.
This ‘force’ can be a physical threat or a serious psychological threat.
Non-disclosure or misrepresentation is when one spouse hides assets or debts.
For example, if a spouse has 4 undergraduate degrees and $175,000 in debt.
But they only tell you about one degree and say they are debt-free.
They would be misrepresenting their debts.
(The degrees won’t constitute misrepresentation.)
Can You Change The Prenup Later?
You can change your prenuptial agreement in Georgia anytime.
But both parties must agree to change the prenuptial agreement.
All your prenup lawyer has to do is create a prenup amendment for you.
They will provide witnesses for you.
And they will make sure that any changes properly void old clauses you want to be replaced.
Get Your Prenuptial Agreements In Georgia
If you want the best prenup attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
We know what successful marriages NEED to figure out.
We know what destroys marriages.
We know what issues cost divorcing spouses tens of thousands of dollars.
We know how to help your marriage last longer.
And have a higher chance of success.
After you fill out the form below, we will set up your free consultation.