Prenuptial Agreement

Atlanta, Georgia Prenuptial Agreement Attorney

Prenuptial agreements—also called premarital agreements—are becoming more common. For a couple that is just starting out with no property, a “prenup” is difficult to do, and largely unnecessary. Usually, a prenuptial agreement is appropriate if there are substantial assets to protect. If this sounds like you, call me, Stephen Land. I can work with you to find your simplest and best option.

What You Should Know about Premarital Agreements

When a couple gets divorced, their property is divided in an equitable way. That doesn’t always mean that the property is divided 50/50, but that’s what the court often does.

A prenuptial agreement can change that. If you want a prenuptial agreement that will be upheld in court, you have to be open and above-board at the time that you do it. Both parties need to sign the marital contract in a fair and unforced situation. The signing must be voluntary. Both sides should have independent lawyers. That last step isn’t absolutely necessary, but it helps ensure that the court will uphold the agreement.

If there is any hint of fraud or legal duress, prenups may be invalid. Saying, “I won’t marry you unless you sign,” does not count as duress. Legal duress consists of force, false imprisonment, or threats.

At the same time, prenuptial agreements, once they have been validated, are usually upheld, even if they seem unfair. So if someone puts a prenup in front of you, please consult me before you sign it. The same is true of a post-nuptial agreement. If you sign before consulting with a lawyer, you could be giving up a lot more than you think.