Prenuptial & Postnuptial Agreements

Prenuptial & Postnuptial Agreement Lawyers in Alpharetta

At Hastings Shadmehry, our experienced prenuptial agreement lawyers in Alpharetta help you safeguard your future with clear, enforceable marital agreements. Whether you’re planning to get married or are already married and considering a postnuptial agreement, we create personalized legal protections that support your financial goals, reduce potential conflict, and bring peace of mind.

What Is a Prenuptial Agreement?

A prenuptial agreement (also known as a prenup) is a legally binding contract entered into by two people before marriage that outlines how their assets, debts, and financial responsibilities will be handled during the marriage and in the event of divorce. While some view prenups as a sign of mistrust, the reality is that they are a smart, proactive way to create clarity and protect both parties. A well-drafted prenuptial agreement can help avoid costly litigation, reduce emotional stress, and ensure each spouse’s interests are respected.

In Georgia, a prenup must be entered into voluntarily, with full financial disclosure from both parties, and must not be unconscionable (grossly unfair) to be enforceable.

A prenuptial agreement can address:

Protection of separate property owned before marriage
Division of marital assets in the event of divorce
Alimony or spousal support terms, including waiver or limits
Debt allocation, including premarital and future liabilities
Business ownership and interest protection
Estate planning goals, including inheritance rights

At Hastings Shadmehry, we ensure your agreement is customized, enforceable, and aligned with your long-term goals. It’s not just legal protection, it’s peace of mind before you say “I do.”

What Is a Postnuptial Agreement and How Is It Different?

A postnuptial agreement is similar to a prenuptial agreement, but it is created after a couple is already legally married. It outlines how assets, debts, and financial matters will be handled during the marriage or in the event of separation or divorce. Postnups are often used when financial circumstances change, such as starting a business, receiving an inheritance, or buying property together, and a couple wants to define or update their financial understanding.

While the legal principles are largely the same, postnuptial agreements can face greater scrutiny in Georgia courts because there is already a fiduciary relationship between spouses. That is why it is essential to work with experienced family law attorneys who know how to draft enforceable and fair postnups that meet Georgia’s legal standards.

Key differences between prenuptial and postnuptial agreements:

Timing: Prenups are signed before marriage; postnups are signed after.
Presumption of fairness: Courts may scrutinize postnups more closely due to the fiduciary duties spouses owe each other once married.
Common triggers: Postnups are often prompted by new assets, infidelity, changes in income, or rebuilding trust in the marriage.
Purpose: Both aim to protect assets and define responsibilities, but postnups can also serve to stabilize a strained marriage or protect children from previous relationships.

Whether you are planning ahead or reassessing your financial future, our Alpharetta family law attorneys can help you create a strong, clear agreement that protects what matters most at any stage of your marriage.

Why Do I Need a Prenuptial Agreement in Georgia?

A prenuptial agreement is a powerful way to take control of your financial future before entering into marriage. In Georgia, divorce is governed by equitable distribution laws, which means that assets and debts are divided based on what the court considers fair—not necessarily equally. Without a prenup, you’re relying on a judge to make critical decisions about your property, support, and finances if the marriage ends. With one, you define those terms in advance.

A prenuptial agreement allows you to protect premarital assets, such as real estate, investments, or inheritances, and can also establish whether alimony will be paid and under what conditions. It’s an essential tool for safeguarding business interests and ensuring that any ownership stakes remain separate from marital property. Couples can also use prenups to clearly define how debts will be handled, helping prevent one spouse from becoming responsible for the other’s financial liabilities.

Prenups are especially valuable for those entering a second marriage, individuals with family wealth, or anyone wanting to protect children from a prior relationship. Even if the agreement is never needed, it provides peace of mind, encourages financial transparency, and minimizes the potential for conflict or costly litigation in the future. At Hastings Shadmehry, we approach each agreement with precision and respect, tailoring the process to meet your personal and legal goals.

Let Our Attorneys Help You Draft Your Prenup Today

Protect your future with confidence. Call 770-641-8200 or contact Hastings Shadmehry to schedule a consultation with our trusted prenuptial agreement lawyers in Alpharetta. We don’t just draft agreements, we build legal armor.

Prenuptial & Postnuptial Agreements FAQ

What is a prenuptial agreement, and why would I need one in Georgia?

A prenuptial agreement is a legally binding contract signed before marriage that outlines how assets, debts, and financial matters will be handled during the marriage or in the event of divorce. In Georgia, it helps protect premarital assets, clarify financial responsibilities, and avoid disputes if the marriage ends.
Can a prenuptial agreement cover child custody or child support in Georgia?

No. Under Georgia law, prenuptial agreements cannot determine child custody or child support. These decisions are made based on the child’s best interests at the time of divorce or separation.
What is the difference between a prenuptial and postnuptial agreement?

A prenuptial agreement is signed before marriage, while a postnuptial agreement is signed after. Both address the division of assets, debts, and financial obligations, but postnups may face closer scrutiny in Georgia courts due to the fiduciary duty between spouses.
Will a prenuptial agreement protect my business or home in a divorce?

Yes. If drafted properly, a prenuptial agreement can protect your business interests, real estate, and other separate property from being divided during a divorce in Georgia. This is especially important for business owners and individuals with significant assets.
Can I change or update a prenuptial agreement after marriage?

You cannot revise a prenup once you are married, but you can create a postnuptial agreement to reflect new circumstances. This may include changes in income, new property, or updated financial goals.
Do I need my own lawyer for a prenuptial agreement if my fiancé already has one?

Yes. It is strongly recommended that each party has their own attorney to ensure the agreement is fair, fully understood, and legally enforceable in Georgia. This also reduces the risk of the prenup being challenged in court.
Can a prenuptial agreement be canceled or voided in Georgia?

Yes. A Georgia court may invalidate a prenup if it was signed under duress, lacked full financial disclosure, or is found to be unconscionable. That is why it is critical to work with an experienced prenuptial agreement lawyer.
How much does it cost to draft a prenuptial agreement in Georgia?

Costs vary depending on the complexity of your financial situation and the level of customization required. At Hastings Shadmehry, we provide transparent pricing and tailored guidance based on your needs.