Georgia Prenuptial Property Agreement
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FAQ
Making Your Prenup Enforceable In Georgia, every prenup must be in writing. After each spouse signs the prenup in the presence of at least two witnesses, both witnesses must also sign the agreement.
Can a prenup protect my house? In short, yes, a prenup can protect your house. Describing future assets in great detail in your prenup agreement can protect home purchases or income down the line.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
Georgia courts recognize the validity of both legally executed prenuptial agreements and wills.
Georgia Family law recognizes both prenuptial and postnuptial agreements. Commonly called a prenup, a prenuptial agreement is a contract that couples enter into prior to marriage to clarify what is separate premarital property, debts and assets.
Though prenups don't have expiration dates, they can be written to include clauses and limitations as needed. No matter how long a couple has been married, their prenuptial agreement will remain binding and in force unless otherwise noted in the document.
In Georgia, every prenup must be in writing. After each spouse signs the prenup in the presence of at least two witnesses, both witnesses must also sign the agreement. The agreement must then be filed in the clerk of court's office in the county of residence (for either spouse) within three months of the signing.
A court can invalidate a prenuptial agreement if it finds that there was, among other things, fraud, duress, coercion, mistake, undue influence or unconscionability in the terms or circumstances surrounding the prenuptial, Cannon v. Cannon, 384 Md.
