Atlanta Prenuptial Agreement Lawyer

If you’re planning a wedding in Atlanta, Georgia, it’s a good time to think about how to protect yourself and your assets if the marriage doesn’t work out. The experienced Atlanta prenuptial agreement lawyers at The Edwards Law Group can help you understand your rights, explain the process of drafting a prenup, and offer critical guidance throughout the process. Call (770) 723-7211 today for a consultation.

Our firm is committed to helping families navigate unexpected and difficult life changes. We’re a team of award-winning Georgia family law attorneys with over 50 years of combined experience, known for our compassionate, approachable, and strategic representation. Whether you need to create a prenuptial agreement, enforce one, or determine if your prenup is legally binding, contact us for expert guidance.

Why Hire The Edwards Law Group For Help With a Prenuptial Agreement in Atlanta, GA?

A prenuptial agreement is a legally binding contract that can have lasting financial and legal consequences if a marriage ends, so it should not be created without careful planning. Because negotiating these terms with a future spouse can be difficult, many individuals and families turn to The Edwards Law Group for experienced guidance and thoughtful legal advice.

We work hard to ensure our clients feel confident in their choices and know they have exceptional legal support in their corner as they navigate complex, often emotional family law issues in Atlanta, GA. Clients hire our Atlanta divorce lawyers because:

• We know how to draft a lawful prenuptial agreement that complies with Georgia state law and doesn’t violate public policy
• We conduct a full accounting of assets to help ensure complete financial disclosure before an agreement is finalized.
• Our team helps couples identify the property each person may want to protect in the event of a divorce.
• We assist with negotiating important terms so the agreement reflects the interests of both spouses.

Prenuptial agreements don’t have to be one-sided. Drafting a prenup doesn’t have to be uncomfortable or adversarial. Our attorneys provide the experienced guidance and support you’ll need to make the best possible decisions for your future.

Contact our law office today to learn more and schedule a time for a confidential case review with an Atlanta family law attorney.

What Is a Prenuptial Agreement?

A prenuptial agreement, or prenup, is a legally binding contract between two people who intend to get married. The document dictates how some or all property will be divided in the event of a divorce.

Georgia is an equitable distribution state, meaning that spouses each receive a fair share of marital assets and debts when they get divorced. Couples with a prenup can circumvent this rule and have their own rules regarding assets and debts in place. As long as a prenup is valid, property will be allocated by its terms. 

In Georgia, prenuptial agreements can also address alimony by requiring payments under certain circumstances or waiving a spouse’s right to alimony altogether. Prenuptial agreements are generally valid as long as they’re in writing, signed willingly by both spouses, and notarized in front of two witnesses. 

What Can’t a Prenuptial Agreement Do?

Prenuptial agreements are limited to issues related to assets, debts, property, and money. Prenuptial agreements cannot influence issues regarding child custody, child support, or other terms of divorce. If a prenup includes language about child support, child custody, or visitation, those clauses will not be enforceable in a court of law. 

Why Should I Consider a Prenup?

Signing a prenup isn’t for everyone. However, they’re not just for the powerful or the rich and famous. They can be invaluable tools that offer considerable protection for everyday people, too.

You might want to consider a prenuptial agreement if:

• You and your spouse have significantly different incomes and earning capacities
• You want to avoid being responsible for debts acquired solely by your spouse during the marriage
• You want to protect property that might be subject to Georgia’s equitable distribution rules, such as a generational family home, heirlooms, your vehicle, or sentimental personal property
• You want to ensure that alimony is or is not a part of a future divorce
• You have business interests that you aren’t willing to part with if your marriage doesn’t last

If you have children, it can be important to consider how a future divorce could affect them and their inheritance. If you have property that you want to make sure they get, it can be protected in a prenup and not subject to distribution to your spouse if you split up.

Ultimately, a prenuptial agreement gives you control, flexibility, and the ability to customize aspects of a divorce that are often stressful, expensive, and time-consuming. When you’re going through one of the most difficult times in your life, having these issues hashed out in advance can ease a lot of the burdens and emotional distress you might encounter.

Can Prenuptial Agreements Be Challenged?

Yes, a prenuptial agreement is a contract between two parties. As such, it can be challenged by one of the signing parties or invalidated by a judge.

Some common reasons that prenuptial agreements in Atlanta are challenged and/or invalidated include:

• The prenup wasn’t signed by both spouses 
• The prenup was not notarized and witnessed
• The prenup was signed under duress
• One of the signatures was obtained through coercion
• One of the spouses hid or failed to disclose assets while the prenuptial agreement was being drafted
• One or more terms of the prenuptial agreement are unconscionable
• The prenuptial agreement is not in writing
• The prenup addresses prohibited issues, like child custody and child support
• The prenup is fraudulent
• One of the spouses lacked the capacity to sign the prenup
• The prenup violates public policy

Prenuptial agreements can be invalidated in full or in part by a judge. This means that the judge might permit some aspects of a prenup to stand while striking others down. For example, let’s say you have a picture-perfect prenup that meets all requirements. However, it happens to address an aspect of child custody. A judge can invalidate the clause dealing with custody and enforce the rest of the contract.

What Can a Prenuptial Attorney Do To Help Me When I’m Getting Divorced?

Prenuptial agreements can be an invaluable and powerful tool when you’re going through a divorce. However, they’re also likely to be challenged, especially if the divorce is contested and the parties have difficulty seeing eye-to-eye on the split. 

It’s not just important to hire a Georgia family law attorney who is skilled in drafting prenuptial agreements. You need an attorney in your corner who has extensive experience litigating prenuptial agreement disputes in court, too. 

Our team can:

• Identify potential issues with a prenup
• Bring in expert witnesses and specialists to offer added insight and strength to our legal arguments
• Advocate for alternative dispute resolution (ADR) methods, such as mediation or arbitration, to help you and your spouse resolve any conflicts over the terms of a lawful prenup that may be negotiable
• Fight to help you achieve a fair and just outcome in your case

Just because the contract is signed doesn’t necessarily mean its terms will be applied without issue or dispute. No matter what side of the dispute you’re on, having a skilled Georgia divorce attorney with experience litigating prenuptial agreement disputes can help to ensure that your rights and future are protected.

Schedule a Confidential Case Review With an Experienced Atlanta Prenuptial Agreement Lawyer

Whether you need to enforce the terms of a prenuptial agreement or challenge them in Atlanta, Georgia, The Edwards Law Group is the legal advocate you’ll want in your corner. We bring 50+ years of combined experience fighting for clients in high-stakes, emotional family law cases. Now, we’re ready to invest in your story, your future, and your well-being, too.

Contact our law office today to discuss your prenuptial agreement case with an Atlanta prenuptial agreement attorney and learn more about how we might be able to help.