Prenuptial agreements are legally binding contracts between a couple that is about to be married where the couple sets out in advance how certain matters will be handled in the event of separation, divorce, the death of a spouse or some other triggering event, or simply how the couple will address money and property issues in their marriage.
Prenuptial agreements are not only a tool only for the rich and famous, rather prenuptial agreements allow couples to enter into marriage with a full understanding of each person’s financial assets and liabilities and after having discussions regarding each person’s expectations for the future. Agreements not only protect each partner in case of divorce; they can also provide more solid ground for couples to start their lives together with a greater deal of comfort, security and trust.
The Atlanta prenuptial & postnuptial agreement attorneys at Kaye, Lembeck, Hitt & French Family Law can help you negotiate and draft a prenuptial agreement, or review a proposed agreement. As solution-oriented advocates, our team is also experienced navigating challenges to the enforcement of prenuptial agreements in Atlanta-area courts. Learn more about these agreements below, and give us a call to discuss a prenuptial agreement.
A prenuptial agreement is a legally binding contract entered into by two people who are contemplating getting married that becomes effective once the parties marry. The purpose is to address myriad financial issues that may arise during the marriage. For example, some of the issues that may be addressed in a prenuptial agreement include how finances are to be handled during the marriage, what is considered separate property and what is considered marital property, how the parties’ expenses are paid for during the marriage, how the property is to be divided in the event of a divorce, etc.
There are many reasons to have a prenuptial reasons and just as many to not have one. Often a prenuptial agreement will be used when one party has significant separate property, or significant assets; a prenuptial agreement may be used if one person is giving up his or her career to marry someone; and a prenuptial agreement may be used when one spouse has children from a previous relationship . The solution-oriented advocates of Kaye, Lembeck, Hitt & French Family Law are ready to discuss prenuptial agreements with you.
Georgia law allows married couples to contract with each other to create a postnuptial agreement, which is an agreement you enter into after you are married to each other. Why would a married couple enter into a formal agreement with each other? Sometimes something happens to cause a break in the marital relationship that causes distrust and for the marital relationship to be repaired, one or both parties feel an agreement is needed to provide a safety net. In other cases, there was not enough time to execute a prenuptial agreement before the marriage or perhaps one of the parties did not feel comfortable having a prenuptial agreement. Another scenario is that something changed – the parties had children, someone wants to take a big risk (start a new business or invest a significant amount of money) and the parties want to have a plan in place for their future finances. Regardless of the reason a postnuptial agreement is being contemplated, our solution-oriented attorneys at Kaye, Lembeck, Hitt & French are available to discuss with you.
The Atlanta family law attorneys at Kaye, Lembeck, Hitt & French Family Law are experienced in prenuptial and postnuptial agreements and can help you with negotiating, drafting, or review of a document to make sure it meets your needs, as well as dealing with a challenge to the validity or enforceability of an agreement in court. Give us a call at 404-233-2800 to discuss your needs or concerns.