Newnan Prenuptial Agreements Lawyer
Georgia firm helps clients protect assets and avoid litigation if they eventually divorce
Responsible individuals take precautions to limit the harm that could result from a possible negative event in the future. A reliable prenuptial agreement provides a level of protection against the negative economic effects of divorce. At the Law Office of S. Mark Mitchell, LLC in Newnan, we assist prospective spouses in the preparation of a prenuptial agreement that is valid under Georgia law and that can equitably resolve financial issues should they decide to part at some point in their marriage.
Benefits of a prenuptial agreement
No one goes into marriage expecting a divorce, but many spouses do end up going their separate ways after a period of time. If your marriage does end, a prenuptial agreement can help you move forward with your assets intact and without long, expensive disputes over financial terms. Even if your relationship does not result in divorce, engaging in a serious discussion of important issues can build a solid foundation for the future. Whether you’re concerned about holding on to your business, avoiding substantial alimony payments, protecting a family heirloom or avoiding being trapped in a failing marriage because you’re uncertain about divorce terms, my firm offers personalized counsel in pursuit of a comprehensive agreement.
Legal requirements in Georgia
Like other contracts, a prenuptial agreement must be the result of a voluntary agreement. To be enforceable, the parties must make a full and fair disclosure of their financial circumstances and have a fair chance to review the document in a reasonable time frame before the wedding. A prenup must be signed by both spouses and notarized. Terms that a court deems to be unreasonable or unconscionable will not be enforced.
Process of creating a prenup
Developing a sound, enforceable prenuptial agreement is a process with several stages, such as:
- Setting overall goals — A shared understanding of the reasons for creating a prenuptial agreement is vital to a successful negotiation process. You or your partner might be most concerned with preserving existing personal wealth, maintaining control of a business or meeting the needs of children from a previous relationship.
- Providing financial disclosures — Each prospective spouse must gather and disclose relevant financial information so that neither side enters the agreement under false pretenses.
- Drafting, review and negotiation — Prenups must be drafted clearly based on the parties’ input and reviewed thoroughly so there is no ambiguity about the terms. Negotiation should be handled in a civil, respectful manner, with thoughtful consideration of any concerns raised by either partner.
- Finalizing the agreement — Once both prospective spouses are satisfied with the language in the prenup, the document can be signed and notarized.
You can rely on my firm for knowledgeable insight at every stage, as well as in situations where you have questions about revising or enforce an existing agreement.
Common clauses in prenups
While prenuptial agreements cannot legally address custody, visitation or child support, they can establish enforceable terms relating to the following issues:
- Distribution of marital assets in a divorce or following the death of one spouse
- Amount and duration of spousal support payments
- Allocation of debts incurred before and during the marriage
- Inheritance rights of children from previous relationships
- Methods of resolving any disputes regarding the agreement
Working with an experienced family lawyer gives you and your future husband or wife the information you each need to make important decisions with confidence.
Contact a Georgia family law attorney for assistance with a prenuptial agreement
The Law Office of S. Mark Mitchell, LLC in Newnan drafts and negotiates prenuptial agreements for Georgians who are engaged to be married. To make an appointment, please call 470-344-8550 or contact me online.
