Are you hearing wedding bells? Congratulations!

Getting married is one of life’s great joys. Today, more people enter into marital agreements—also called prenuptial agreements—before marriage to protect their financial interests.

Other parties may enter into a postnuptial agreement to protect themselves from the financial mistakes of the other party.

Some people may not even consider the need for a marital agreement. After all, who wants to contemplate divorce before you are married?

You may decide to let the matter go. But then, you might lose money, property, businesses, and more if divorce happens. With a prenup, you are protected.

What if you aren’t a wealthy business owner or celebrity? Do you need a prenuptial agreement? Many people who get remarried or have kids from earlier relationships say marital agreements can significantly help.

You can always count on our Atlanta prenuptial agreement attorneys to help you protect your assets.

Marital Agreements Laws in Georgia

Let’s look at how Georgia law defines marital agreements.

Prenuptial Agreements

A prenup can identify specific assets as separate from marital property. That means the property will not be subject to equitable distribution if there is a divorce.

Each spouse may be interested in protecting their personal property during a marriage. Vacation property, significant family assets, and stocks and bonds are examples. Therefore, they might intend to keep these assets apart from the marital estate.

But it’s important to set this concept in writing with a prenuptial agreement to prevent problems in the event the marriage ends in a Georgia divorce.

Many Atlanta marital agreements attorneys recommend writing a prenup weeks or months before the wedding. Get this critical business taken care of well before the big day, and you’ll have complete peace of mind.

Postnuptial Agreements

These agreements are surging in popularity as financial instruments for married people. The postnup may set a budget or keep one spouse’s business property and debts separate from the marriage’s finances.

As with prenups, both spouses should hire an experienced Atlanta marital agreements attorney experienced in family law to draft the agreement to protect their interests.

Why You Should Hire an Atlanta Marital Agreements Lawyer

No one wants a divorce to happen. But if it does, an Atlanta prenuptial agreement can simplify things. In addition, if a skilled family law attorney handles the paperwork, the document can significantly reduce divorce costs and stress.

A marital agreement can address these points:

  • Alimony – The agreement can lay out what the lesser-earning spouse should receive. It also will detail the conditions when alimony applies.
  • Retirement accounts – Have a 401k, IRA, or pension? A marital agreement will explain how contributions to these accounts will be divided. If you don’t have an attorney address this issue, all retirement account contributions may be part of the marital estate.
  • Businesses – An Atlanta marital agreement can detail how to handle any claims over any LLC or business partnership.
  • Legal fees – To reduce costs, the marital agreement can say that each spouse can only receive a specific sum for legal fees from marital property.
  • Division of property – The marital agreement might state that the spouses will divide marital assets and liabilities 50/50.

Problems If You Don’t Use a Marital Agreements Lawyer

Prenups and postnups are complex. Only a skilled Atlanta marital agreements lawyer should help you.

If the agreement isn’t done correctly, the prenup can be broken in these potential situations:

  • Fraud – There could be an intentional misrepresentation of material facts, which would ruin a prenuptial agreement
  • Undue pressure – If one spouse puts tremendous pressure on the other spouse to sign, doing so may be a valid unnecessary pressure argument. Your attorney will ensure both parties agree to sign the agreement.
  • Severability – If the judge strikes one part of the prenup, other factors, such as the inheritance provision, should stay intact. Without an excellent attorney, inheritance and succession matters can be undecided.

Contact Us to Talk to an Atlanta Marital Agreements Lawyer

Getting married is a joyous time. Keep peace of mind by establishing a marital agreement before your wedding and safeguarding your finances. Contact us to discuss your Georgia marital agreements case. We’ll review your legal options and move forward with the best plan for your needs.


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Each case is different, but we can share what clients typically struggle with when they make their initial calls to us:

  • My Spouse Wants a Divorce
  • My Marriage Has Fallen Apart And Cannot Be Fixed
  • I Am Expecting a Child Out Of Wedlock
  • I Have Fallen Behind on Child Support Due to Unemployment or salary reduction
  • My Circumstances Have Changed Drastically And Think A Change Of Custody Is Warranted
  • My Ex Announced They Want to Move Away and Take Our Child

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At Edwards Family Law, we understand that your life, family, livelihood, and legacy are important to you. They are important to us as well. We are committed to doing everything possible to ensure your identity is respected and that your dignity is preserved throughout the process.

The law prohibits us from guaranteeing the outcome of your case. But, it does not prohibit us from guaranteeing the service you receive. We promise to provide you with the best in customer service and client relations. We have codified our commitment in our Ten Commandments. If we fail to deliver on any of our Ten Commandments at any time during your case, please let us know. We will apologize for our mistake and do what is necessary to fix the problem.

What You Can Expect From Your Experience With Edwards Family Law

  • 1
    Clients are not an interruption of our work. They are the purpose of it.
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    Clients will not be charged for calls to their attorney.
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Frequently Asked Questions

Does a prenup cover child custody, child support, and alimony?

Maybe. Prenups are usually used to deal with alimony. Most prenuptial agreements don’t address child support or custody. The family court has the authority to render final decisions in the event of custody disputes.

Do both spouses need a marital agreements lawyer?

Yes, if you want to do a prenup or postnup agreement. Each party should have a separate lawyer representing that party’s interests. Each attorney will explain the proposal and its advantages and disadvantages.

Does a prenup address property distribution in the case of death?

Not usually. Most marital agreement lawyers say each party should detail those wishes in their will.


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