Common questions about nuptial agreements

  • What is a Prenuptial Agreement? You may have also heard it referred to as a “prenup”, “antenuptial agreement” or a “premarital agreement.” It is merely a contract between two people who are about to be married. It spells out the rights of each party in the event of a divorce. It can sometimes cover what happens after death but that is usually left to the Last Will and Testament. It is a good way for a person to protect their premarital property and limit future alimony.
  • Can I wait to sign a one until after I get married? Sure; it would become a Post-Nuptial Agreement but otherwise it functions the same as a prenup in Georgia.
  • Is a Prenuptial Agreement a must? No; everyone doesn’t need to have one. They are most useful to people with sizeable assets who want to keep them separate from the marriage. These agreements help guard against separate property getting mixed up with the marital property, which happens all the time.
  • Will Prenuptial Agreements cover alimony? Yes; addressing the issue of alimony is one of the primary functions of a prenup.
  • Will a Prenuptial Agreement affect child custody or support? Not usually. Child support is considered to be a right of the child rather than a right of the parent so a parent couldn’t waive that right for their children.  Likewise, custody may not properly be addressed in a prenup because it is based on what is in the best interests of the children at the time of divorce.
  • I want to protect my house and property; will a Prenuptial Agreement be the right choice? Yes; it was designed for just this reason.
  • Do I need my own attorney if my fiancé’s lawyer prepared the Prenuptial Agreement? It would definitely be a good idea. Your attorney can look for problems and keep you out of trouble by reading it over first.
  • Can we change the terms of the agreement later? Yes; you can make changes by having your attorney prepare an amendment to the Prenuptial Agreement. Once you both sign it, it becomes part of the original document.
  • What happens if we decide we no longer need the agreement? Most will contain a cancellation clause or your attorney can build in what are called sunset provisions. They provide for the automatic cancellation of the agreement after a certain number of years.
  • Will a Prenuptial Agreement determine how my spouse’s property is distributed after his/her death? Not unless you specifically write in those provisions, and even then, your spouse’s will would probably take precedence over it.
  • Is it expensive to have one drawn up? It depends on what you need. If the agreement is complex and a lot of time is needed for the attorney to resolve disputes then it can be expensive; but they are usually reasonably priced. If you would like more details about pricing, call one of our attorneys at 770-641-8200 to discuss your needs.