A prenuptial agreement is a contract entered into by two people getting married. It defines the rights of each party in the event of divorce. The state of Georgia recognizes both pre- and post-nuptial agreements.
If you plan to get married, it is always a good idea to know a few things about a prenuptial agreement in Georgia.
Who Should Get the Prenuptial Agreement in Georgia?
According to family law attorneys in Statesboro GA, a prenuptial agreement is not for everyone. However, there are several reasons to get one. According to the 2014-2018 Community Survey, the divorce rate of Georgia stands at 5.0%, which is lower than the US national divorce rate average of 10.9%. A prenuptial agreement would protect the wealth you own before marriage and ensures it doesn’t end up in your spouse’s hand after divorce.
There is a common misconception that prenups are only for the rich and famous people. The higher divorce rate suggests it is safe to have a prenuptial agreement. According to family law attorneys, people who have debts or children from other marriages should have a prenuptial agreement.
What Issues Does a Prenuptial Agreement Cover?
As per family lawyers firms in Georgia, prenuptial contracts were barred in Georgia until the 1982 case of Scherer v. Scherer. In the Scherer v. Scherer divorce case, the prenuptial agreement was taken into consideration for dividing assets after a divorce.
There is no straight answer to what issues a prenuptial agreement covers, as a lot depends on the content of the agreement. According to family law attorneys in Statesboro, GA, some prenups are used to establish, eliminate, or limit alimony in the event of divorce. The agreement may state whether one spouse may pay alimony in the divorce.
If you hire the best family law attorneys in Statesboro, GA, the prenuptial agreement can cover how the couple will divide the income and assets they accumulate during marriage.
Can a Prenuptial Agreement Determine Child Custody and Support?
A Georgia prenuptial agreement can never determine child support or child custody. The judge determines the best interests of the child during divorce proceedings and decides the child custody accordingly.
Also, the Georgia family court would determine the child support based on the income of the parent and also take into consideration the child’s need while deciding on child support.
How to Ensure Prenuptial Agreement Is Legally Enforceable in Georgia?
Many states in the USA have accepted the Uniform Prenuptial Agreement Act, but Georgia is not one of those. To ensure your prenuptial agreement is enforceable in Georgia, you should have the prenuptial agreement in writing. Also, there should be two witnesses present when both spouses are signing the contract, and the witnesses should also sign it themselves.
Besides these, few other conditions need to be met for the legality of the prenuptial agreement in Georgia.
- Both spouses should be old enough to get married
- They should not be related to each other
- They should be mentally competent
- Neither of the spouses should be married to another person at the time of marriage
According to the most recent US census estimates, the estimated population of Statesboro, Georgia, is 31,667, and the number of weddings in 2019 was 409. A prenuptial agreement can save you from a lot of trouble after divorce and make your life a bit easy in a tough time of separation.
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