Prenuptial Agreement Attorney in Marietta

Prenuptial & Postnuptial Agreements Under Georgia Law

A prenuptial agreement is signed before a couple marries. After the marriage, a postnuptial agreement serves a similar purpose and is recognized under Georgia Code § 19-3-66. Either can provide a written framework for financial expectations and the division of assets between spouses.

A postnuptial agreement may be useful when financial circumstances or shared priorities change during a marriage. By setting expectations for asset division, it can narrow the financial issues that would need to be addressed if separation or divorce becomes necessary.

When a Marital Agreement May Be Appropriate

Marital agreements aren’t limited to people with substantial wealth. They may be relevant to business owners, individuals with inherited wealth, people entering a later marriage, and couples who want defined expectations regarding property.

Common subjects addressed in these agreements include:

• Ownership and treatment of property brought into the marriage
• Expectations for dividing marital assets
• Protection and treatment of business interests
• Financial rights and responsibilities between spouses

A Georgia prenuptial agreement can’t predetermine child custody or child support. Courts decide custody according to the child’s best interests at the time of the proceeding, while support remains subject to applicable law and judicial review.

Requirements for an Enforceable Georgia Prenuptial Agreement

An antenuptial agreement, the term state law uses for an agreement made in contemplation of marriage, must be written and signed by both parties. Under O.C.G.A. § 19-3-62, at least two witnesses must attest it, including one notary public. Courts interpret these agreements to carry out the parties’ intent.

Correct signatures and witnessing are only part of enforceability. The agreement should be clear, accurate, entered voluntarily, and based on full financial disclosure. Independent legal representation can allow each party to evaluate the terms and reduce the risk of later claims involving coercion or undue influence.

Why an Agreement May Not Be Enforced

Georgia courts may decline to enforce an agreement that’s unfair, vague, or improperly executed. Under the three-part test established in Scherer v. Scherer, fraud, duress, mistake, misrepresentation, material nondisclosure, or unconscionability may also affect enforceability. Unconscionability means the terms are so one-sided that enforcing them would be fundamentally unfair.

A court may also consider whether circumstances have changed so substantially that enforcement would be unfair and unreasonable. Complete financial information and careful review before execution are therefore important to creating an agreement that accurately records both parties’ intentions.