If you`re getting married in Georgia, you may have heard of a prenuptial agreement, also known as a prenup. A prenup is a legal document that outlines the financial terms of your marriage, including how assets will be divided in the event of divorce or death.
Prenups are becoming more common as people are getting married later in life and bringing more assets to the marriage. According to a survey by the American Academy of Matrimonial Lawyers, 62% of lawyers saw an increase in prenuptial agreements over the past three years.
In Georgia, prenups are governed by state law, but it`s important to consult with an experienced attorney to ensure your agreement is valid and will hold up in court. Generally, a prenup must be in writing, signed by both parties, and notarized.
One of the main benefits of a prenup is that it can protect your assets in the event of divorce. For example, if you own a business or have significant investments, a prenup can stipulate that those assets remain separate property and are not subject to division in a divorce settlement.
A prenup can also address spousal support or alimony. Georgia law allows for both temporary and permanent alimony, but a prenup can limit or eliminate the amount of support one spouse may be required to pay the other in the event of divorce.
It`s important to note that a prenup cannot override child support or custody agreements. In Georgia, child custody and support are determined based on the best interests of the child, and a prenup cannot interfere with that determination.
Overall, a prenup can provide peace of mind and help ensure that your financial interests are protected in the event of divorce. If you`re considering a prenup, it`s important to consult with an experienced attorney who can help you draft an agreement that meets your needs and complies with Georgia law.