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A prenuptial agreement is a document signed by both parties entering a marriage that essentially changes the laws that would take effect throughout the marriage and in the event of divorce. While no couple plans on ending their marriage in divorce, a prenuptial agreement can sometimes even make a marriage more durable by removing for some of the financial tension that can place stress on the relationship.
The laws governing prenuptial agreements vary by state, but Georgia law administers a three prong test when enforcing prenuptial agreements:
1. Was the agreement obtained through fraud, duress, mistake, misrepresentation or nondisclosure?
2. Is the agreement unconscionable?
3. Have the facts and circumstances changed since the agreement was entered so as to make its enforcement unfair and unreasonable?
Thus, in order to ensure your prenuptial agreement is legally sound, it is important that each of the parties be represented by an attorney, that the agreement be signed well in advance of the wedding, and that both parties fully disclose their financial information.
The common focus of a prenuptial agreement is on the distinction between marital and premarital property. That is to say that most agreements will seek to divide all assets accrued throughout the marriage equitably, but will protect premarital assets solely as the property of spouse that is the owner.
Creating a premarital agreement with your spouse is an important step in protecting yourselves legally and discussing critical issues when you both have a clear mind. It can even help relieve financial tensions that would otherwise arise.
Coleman Legal Group, LLC team of divorce and family law attorneys handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Old Fourth Ward, Sugar Hill and Smyrna.
Our dedicated team of divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Bankruptcy, Immigration and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
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