This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
Georgia Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
Generally speaking, prenuptial agreements are enforced if they meet these basic requirements: The agreement addresses the rights and responsibilities of each party in property of either or both. The agreement is in writing and is signed by both parties prior to their marriage.
Many states have adopted the Uniform Prenuptial Agreement Act, which explains what your prenuptial agreement must include to be enforceable. However, Georgia is not one of those states. In Georgia, all prenuptial agreements should be in writing.
Both the future husband and wife must sign the prenuptial in the presence of at least 2 witnesses and the agreement must be entered into the Marriage Register together with the marriage.
Unconscionability Invalidates a Prenuptial AgreementOne party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
Prenuptial Agreements are generally enforceable in Georgia, unless it can be shown that: (1) The agreement was obtained through fraud, duress or mistake, or through misrepresentation or non-disclosure of material facts; (2) The agreement is unconscionable; or (3) The facts and circumstances have changed so much that
Truth 4: Prenups can protect both spouses. For the prenup to be enforceable, the agreement must: be fair. have both parties sign voluntarily with the presence of their lawyers. not be completely one-sided as of the date it's signed.
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Prenuptial Agreements are generally enforceable in Georgia, unless it can be shown that: (1) The agreement was obtained through fraud, duress or mistake, or through misrepresentation or non-disclosure of material facts; (2) The agreement is unconscionable; or (3) The facts and circumstances have changed so much that
The Agreement was Coerced or Signed Without Mental Capacity For a prenuptial agreement to be considered legally valid, it must be signed by both parties voluntarily , and both parties must be of a mental ability to understand the consequences of what they are signing.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments
