Blue and orange signpost labeled “Prenup vs Postnup” on a blue background.

Prenup vs. Postnup Agreements for Georgia Couples

Marriage brings both hope and uncertainty. Many Georgia couples now look for clear ways to manage their assets, safeguard family interests, and plan for unexpected changes. 

Prenuptial and postnuptial agreements, often called “prenups” and “postnups,” are legal tools that give clarity and security before or after the wedding day.

Although the divorce rate in Georgia is one of the lowest in the United States, the use of these agreements is rising. Understanding how prenups and postnups work, and how Georgia law treats them, can help couples make sound decisions for themselves and their families.

Let’s explore what these agreements mean, why they matter, and the practical steps Atlanta couples can take when protecting assets. 

What Is a Prenup? What Is a Postnup?

For starters, a prenuptial agreement is a contract created before a couple marries. It spells out how property, debts, or financial assets will be divided if the marriage ends in divorce or death. It may also address spousal support, inheritance rights, and the handling of future assets. 

In Georgia, a prenuptial agreement can only become effective once the couple is legally married. Although only about 1 in 5 married U.S. couples have a prenup, about 50% of the adult population at least somewhat supports the use of prenups. 

A postnuptial agreement is similar, except it is signed after the wedding. Couples sometimes seek a postnup when circumstances change: a new business is started, one partner receives an inheritance, or there are concerns about debt or changing family dynamics.

Both agreements are legally binding in Georgia, provided certain conditions are met. Each has benefits and limitations, and one may make more sense than the other depending on the timing and the couple’s financial goals.

Why Consider a Prenup or Postnup in Georgia?

Many people view prenups and postnups as only for the wealthy, but that’s not the case. In reality, these agreements help anyone who wants to avoid conflict, clarify expectations, or protect children from a prior relationship.

Atlanta’s diverse population—including many families with stepchildren, business owners, and professionals—faces distinct financial and property issues. Here are a few reasons couples in our city often use these agreements:

Second Marriages

Couples entering a second marriage often want to make sure that children and assets from a previous marriage are protected. A prenup or postnup allows both spouses to honor prior commitments while creating a stable foundation for their new union.

Business Ownership 

When one or both spouses own a business, it’s important to define financial arrangements in case of divorce or death. A marital agreement can outline what happens to the business, helping to protect its value and avoid future disputes.

Uneven Marital Assets or Debts

When one spouse brings significant assets (such as a large inheritance) or debts into the marriage, a prenup or postnup can clarify how those financial differences will be handled, offering peace of mind and reducing the risk of legal battles later.

Family Heirlooms

Whether it’s a treasured piece of jewelry or a piece of land passed down through generations, a marital agreement can ensure that certain assets stay within the original family and are not treated as joint property.

Estate Planning 

A prenup or postnup can support your estate plan by clearly defining financial responsibilities and separating certain property from marital property. This can be especially helpful when coordinating inheritances or trusts involving children from different relationships.

Key Legal Requirements for Marital Agreements in Georgia

For either legal agreement to hold up in court, Georgia law requires:

  • Full Disclosure: Both spouses must honestly disclose their assets and debts.
  • Fairness: The terms cannot be “unconscionable,” meaning grossly one-sided at the time the agreement is made or enforced.
  • No Coercion or Fraud: Both parties must enter the agreement freely and with legal capacity.
  • Written Form: Oral prenups or postnups are not valid; both must be in writing and signed.
  • Review Period: While Georgia does not set a required “cooling-off” period, each party should have time to consider, review, and seek legal counsel.

A court in Atlanta may refuse to enforce a prenup or postnup if any of these key requirements are missing. Real examples have involved cases where one spouse did not fully disclose assets or signed under pressure right before the wedding, leading the court to reject the agreement.

Differences Between Prenuptial and Postnuptial Agreements

While both agreements serve similar goals, there are practical and legal differences to consider.

Timing and Motivation

  • Prenuptial Agreement: Discussed and signed before marriage. Useful when both partners want to enter marriage with clear, mutual expectations.
  • Postnuptial Agreement: Signed after marriage. Often used to address changes: new wealth, a business, or shifting priorities.

Enforceability

Prenups are generally easier to enforce in Georgia, since both parties agree before marriage and can freely walk away. Courts review postnups more closely because spouses owe each other a heightened duty of care once married. Atlanta judges will look to see that both spouses understood the agreement and were not pressured by the other spouse. 

Limitations

While prenups and postnups offer valuable financial and legal protections, they do have clear limitations under Georgia law.

First and foremost, these agreements cannot be used to predetermine child custody or child support. Georgia courts always prioritize the best interests of the child, and those decisions must be made based on the circumstances at the time of separation or divorce, not before. Any clause attempting to set custody terms or limit support obligations in advance will be considered unenforceable.

Additionally, prenups and postnups cannot require either spouse to engage in illegal activity or waive rights that are legally protected. For example, an agreement cannot prevent a spouse from seeking alimony if that right is protected under Georgia law, nor can it include provisions that are grossly unfair or made under duress. 

Courts may also refuse to enforce any part of an agreement found to be unconscionable or created without proper financial disclosure.

Drafting a Strong Agreement in Atlanta

Couples who want a prenuptial agreement or postnuptial agreement should start open conversations early, ideally before tensions rise. Even if one partner is hesitant, discussing needs and goals can often reveal shared concerns.

Tips for drafting an effective Georgia agreement:

  • Get independent legal advice. Each spouse should have their own attorney review the document and their financial information.
  • Disclose everything. List all property, income, debts, investments, and business interests.
  • Discuss future changes. Address what happens if one spouse’s income changes, children are born, or major assets are acquired.
  • Avoid rushed signing. Courts may question agreements signed too close to a wedding date or under stress.
  • Update as needed. Review your agreement periodically, especially if your life circumstances change (such as after a major inheritance, new marriage, or business launch).

Local Perspective: Atlanta Examples

Consider a couple in DeKalb County, where one partner owns a home purchased before marriage. A prenuptial agreement can specify that this home remains separate property if divorce occurs.

Or imagine a married couple in Cobb County who start a side business. If they never discuss who owns the business or who is responsible for its debts, disputes may arise later. A postnuptial agreement can outline in advance how business profits and debts will be divided.

In both cases, agreements help avoid potential conflict, legal battles, and emotional strain—a practical step for Atlanta couples focused on long-term stability.

Find the Best Solution for Your Financial Situation

Atlanta couples have many reasons to consider a prenup or postnup. These agreements are not just for the wealthy or high-profile. They offer control, clarity, and protection for all families, helping you plan ahead rather than react to crisis.

If you’re starting a marriage or your life is changing, take time to learn about your options to protect your future and financial assets. 

Discuss concerns with your partner, understand your rights, and reach out to trusted legal resources in your community. Careful planning early on can prevent conflict, expense, and stress later, leaving you free to focus on building your future together. Schedule a confidential consultation with the Edwards Law Group today to receive independent legal counsel and confirm your prenup or postnup fully respects and protects your spouse’s financial interests, as well as your own.