Prenuptial Agreements in Georgia: What You Need to Know

A prenuptial agreement, also known as a prenup, is a legal document that couples sign before getting married. The agreement outlines how assets and debts will be divided in the event of a divorce or separation, and can also address issues such as alimony and property division.

If you are considering getting married in Georgia, it is important to understand the state’s laws regarding prenuptial agreements. Here is what you need to know:

Enforceability

Prenuptial agreements are generally enforceable in Georgia, as long as they are executed properly and meet certain requirements. In order for a prenup to be valid, it must be in writing and signed by both parties. The agreement should be entered into voluntarily and with full disclosure of assets and debts.

Scope

In Georgia, prenuptial agreements can cover a wide range of issues related to the division of property and assets. However, there are certain topics that cannot be addressed in a prenup. For example, child custody and child support cannot be determined in a prenuptial agreement, as these issues are decided by the court based on the best interests of the child.

Modification

If you and your spouse decide to modify or revoke your prenuptial agreement, this can be done through a written agreement signed by both parties. It is important to note that any changes to the prenup must follow the same requirements as the original agreement, including full disclosure of assets and debts.

Enforcement

In the event that a divorce or separation occurs, the prenuptial agreement will govern the division of assets and debts. It is important to have an experienced attorney review your prenup to ensure that it is enforceable and covers all of the necessary issues.

In conclusion, if you are considering getting married in Georgia, a prenuptial agreement may be a wise decision. However, it is important to understand the state’s laws regarding prenups and to have an experienced attorney review your agreement to ensure that it is valid and enforceable.