Atlanta Prenuptial Agreement Lawyer
For many Atlanta couples, a prenuptial agreement is a smart choice. A prenuptial agreement can help you protect premarital assets and plan for the unexpected, as you enter your marriage relationship. The Atlanta prenuptial agreement lawyer at Fargione, Thomas & McRae, LLC draft and review prenuptial and postnuptial agreements. Our Atlanta prenuptial and postnuptial attorneys have also litigated the validity of a prenuptial agreement in a divorce for clients seeking to contest or uphold the existing agreement between the parties.
Prenuptial agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be substantially fair, and executed in a procedurally fair manner.
A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. Such agreements can vary widely, but commonly the content includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may also be included.
A postnuptial agreement is much like a prenuptial agreement, however it is a contract that is written after a couple gets married. It is executed to settle the couple’s affairs and assets in the event of a legal separation or divorce.
Postnuptial agreements must be negotiated and drafted with guidance and care of an experience attorney. Like a prenuptial agreement, a postnuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that affects public policy.
At Fargione, Thomas & McRae, LLC, our postnuptial attorneys in Atlanta pay close attention to the goals, needs, and circumstances of each our clients when drafting, negotiating and litigating these vital agreements. Some cases of Atlanta postnuptial agreements involve spouses who may be going through marital problems, but would be willing to try to work it out if they felt that their assets were protected. If both sides can agree, a postnuptial agreement is an excellent way to preserve the marriage while still recognizing these individual interests.
To be valid and enforceable, every prenuptial or postnuptial agreement must meet the following criteria:
- Be in writing;
- Fully disclose the assets and debts of each party;
- Be fair when entered into;
- Have notarized signatures; and
- Not be against public policy (e.g., a party contracting for some illegal act).
Prenuptial and Postnuptial agreements are very complex, and must be carefully drafted by a skilled family law attorney who is familiar with Georgia law. The Atlanta family attorneys at Fargione, Thomas & McRae, LLC are knowledgeable and understand how prior agreements have been challenged in court. They will draft the agreements carefully so that the language is specific in order to protect the individual from future loss.
Contact an Atlanta prenuptial agreement lawyer from Fargione, Thomas & McRae, LLC today at 833-732-6529 if you need a high quality attorney to draft a pre or postnuptial agreement of any type.