What to Know About Prenuptial Agreements in Georgia

Prenuptial agreements can be uncomfortable to discuss for some couples. However, that doesn’t mean the subject can be avoided. It’s important for people who are interested in a prenuptial agreement to understand exactly what they do and do not entail. That’s why the family law experts at Oxendine Law have prepared a few facts that everyone should know about prenuptial agreements in Georgia.

A Prenuptial Agreement Can Protect Assets That Pre-Date the Marriage

Some people believe that a prenup is only intended to affect assets that are accrued over the course of the marriage, but this is false. A prenuptial agreement is meant to protect the assets that you own before the marriage has taken place. It can also be used to protect someone from taking on their spouse’s debts. Some people use a prenup to protect a potential inheritance from being divided during a divorce.

Certain Standards Must Be Met to Ensure the Prenuptial Agreement is Legally Valid

All prenuptial agreements, including an honest and accurate inventory of assets, should be presented in writing to be valid in the state of Georgia. A minimum of two witnesses must be present at the time the agreement is signed (witnesses must also sign the agreement). Both spouses signing a prenup must be legally competent to enter a contract, meaning they are of legal age to marry, and deemed mentally competent to marry.

The Court Can Refuse to Enforce a Prenuptial Agreement

Once a couple with an existing prenuptial agreement gets divorced, the judge presiding over the divorce will determine whether or not the prenup is enforceable. In Georgia, an agreement can be invalidated for several reasons including the following:

  • The agreement was obtained through fraud, duress (threats made by one spouse to the other), or by mistake.
  • One spouse misrepresented or refused to disclose material facts including certain assets.
  • The prenup is deemed unconscionable, or so unfair to one side that it cannot be enforced in good faith.
  • The couple’s circumstances have drastically changed since the signing of the agreement, including a debilitating physical or mental injury that prevents a spouse from earning future income.

However, when entering into a prenuptial agreement, you should assume that it will be enforced. Don’t rely on a later attempt to have the agreement invalidated – you should only sign an agreement that you are prepared to be a binding contract.

We know when it comes to prenuptial agreements and divorce, there can be a lot of important information to digest. That’s why our family law experts take the time during meetings to make sure our clients are fully informed and comfortable for any and all legal proceedings. For more information, contact Oxendine Law at (770) 497-8688 today to schedule a meeting in-person, over the phone, or by video conference. You can also follow along with us on Facebook, Twitter, and Instagram for additional family law tips, news, and more helpful information.