Criteria of Law Firms in Athens GA
To be valid and enforceable in Georgia, every prenuptial or postnuptial agreement must meet the following criteria:
Be in writing
The agreement must be in written form. Signed by both parties and witnessed by people. The witnesses sign makes sure that one party wasn’t forced or frauded into signing the agreement.
Fully disclose the assets and debts of each party
The prenuptial or postnuptial agreement gives complete details of the individual assets of both spouses. This agreement also talks about the debts of each party. This part is specially related to divorce because on divorce both marital property and debts are subjected to equitable division, hence the prenuptial agreement will rule out the separate properties and debts.
Be fair when entered into
The agreement must not narrate anything that is illegal or denies either spouse the right to legal counsel when seeking assistance or divorce. Similarly, unfair or exploitive terms will also not be accepted in courts.
Both parties must be allowed to consult with their independent legal assistance when signing the prenuptial agreement. If one spouse forces the other not to use independent legal counsel, it might invalidate the agreement later.
Have notarized signatures
Notarization is the official fraud-deterrent process that assures that the document is valid and can be trusted. This is a 3-part process that is done by the notary public. The process includes vetting, certifying, and record-keeping. The record will prove later if needed that the agreement signed was valid. The notary public role can be played by banks, law firms, real estate firms, accountant’s offices, or other such offices.
Not be against public policy (e.g., a party contracting for some illegal act).
The agreement must not force one spouse to conduct any illegal activity. Including any such point in the agreement will invalidate it when brought in front of the court. Moreover, it can also lead to criminal charges.
Must Not Have Any Immoral Requirements
The agreement must not contain any non-financial or immoral requirements that relieve one spouse of his\her free will. For example, you can’t ask your spouse to lose weight or do such activities.
Prenuptial agreements protect premarital assets and avoid the spouses from the hectic and costly legal trials of divorce. Moreover, these agreements also protect the financial stability of your children. Hence, only the marital property will be divided upon divorce.