Law Firms in Athens GA Prenuptial Agreement

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What is Prenuptial Agreements?

Athens GA Prenuptial Agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be substantially fair and executed in a procedurally fair manner.

A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. Such agreements can vary widely, but commonly the content includes provisions for division of property and spousal support in the event of divorce or breakup of the marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may also be included.

For couples with significant high-value financial assets on both sides, a prenuptial agreement is considered a good idea. This agreement can resolve many future disputes and problems that might or might not occur. There are a lot of other reasons to think about a prenuptial agreement that will save you a lot of hectic troubles in case of a future divorce.

Marital Agreements Can Protect Both Parties

Athens GA Prenuptial Agreement must be negotiated and drafted with the guidance and care of an experienced attorney. Like a prenuptial agreement, a postnuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that affects public policy.

At the Law Office of Samuel E Thomas and Alfred Fargione, our postnuptial attorneys in Athens GA pays close attention to the goals, needs, and circumstances of each of our clients when drafting, negotiating and litigating these vital agreements. Some cases of Athens GA postnuptial agreements involve spouses who may be going through marital problems but would be willing to try to work it out if they felt that their assets were protected. If both sides can agree, a postnuptial agreement is an excellent way to preserve the marriage while still recognizing these individual interests.

Criteria of Law Firms in Athens GA

To be valid and enforceable in Georgia, every prenuptial or postnuptial agreement must meet the following criteria:

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.

Legal Counsel

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-benefits

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.

Athens GA Prenuptial Agreement Lawyer

Divorce can be one of the most stressful situations people will experience in their lifetime. In addition to the emotional strain of permanently ending a relationship, the financial pressures of dividing up your collective assets may leave both parties feeling like it is a “lose-lose situation.”

For this reason, many couples are now deciding to make those decisions at a time when they get along best: before they walk down the aisle. This is where our Athens GA Prenuptial Agreement Lawyer can assist you.