Prenuptial and postnuptial are enforceable in Georgia, and can prevent familial disputes between married adults, children, stepchildren and stepparents. These agreements may affect property division, debt allocation and alimony in the event of divorce. You may not be able to imagine the possibility of your marriage breaking up, but statistically, more than half of marriages do end in divorce. If you have substantial premarital assets or debts, you need to protect those assets and shield your spouse from those debts. A prenuptial agreement is the best way to address those concerns.
This is particularly important if you have children from a previous relationship and you wish to protect assets for those children and avoid potentially losing them in a divorce action.
A prenuptial agreement is not an all-or-nothing proposition. Such agreements are often designed to focus on specific pieces of property or assets, while allowing the rest to become “marital” in nature. Sometimes a prenuptial agreement is drafted with a “sunset” provision such that after a certain number of years of marriage, the Prenuptial Agreement dissolves automatically.
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