What Can a Prenup Protect? (Georgia Law)

A prenuptial agreement, commonly referred to as a “prenup”, is a legally binding contract entered into by a couple before they marry. 

It stipulates how their assets will be divided if the relationship ends. 

In the state of Georgia, a prenup can protect a wide array of assets, including but not limited to separate property owned before marriage, future earnings, and business interests.

Let’s take a more indepth look at prenups and what they can and cannot protect in Georgia.

How to Get a Prenup in the State of Georgia?

Obtaining a prenuptial agreement in Georgia involves several key steps. 

First, both parties must fully disclose their financial situation. This includes all assets, liabilities, income, and expectations of gifts and inheritances. 

Then, each party must obtain independent legal advice to ensure that their rights are protected. 

Lastly, the agreement must be in writing, signed by both parties, and executed with the formality of a deed.

How Much Does a Prenup Cost in the State of Georgia?

The cost of a prenuptial agreement in Georgia can vary greatly depending on the complexity of the couple’s financial situation and the rates of the attorneys involved. 

Typically, you can expect to pay anywhere from $1,500 to $10,000. 

It’s crucial to remember that while the cost may seem high, it pales in comparison to the potential financial implications of a divorce without a prenup.

To find out a more accurate quote for your circumstances, reach out to a local prenup family law attorney.

Can a Prenup Protect You From Spouse’s Debt in the State of Georgia?

Yes, a prenuptial agreement can protect you from your spouse’s debt in Georgia. 

If one party enters the marriage with significant debt, the prenup can stipulate that this debt remains their sole responsibility in the event of a divorce.

Can a Prenup Protect Future Inheritance in the State of Georgia?

In Georgia, a prenuptial agreement can indeed protect future inheritance. 

Typically, inheritances are considered separate property and not subject to division in a divorce. However, commingling of these funds can complicate matters. 

A prenup can clearly outline that future inheritances remain separate property, regardless of how they are used during the marriage.

Does a Prenup Protect Future Assets in the State of Georgia?

A prenuptial agreement can protect future assets in Georgia. 

While it can’t predict every asset you may acquire, it can outline a framework for handling any property or assets obtained during the marriage, ensuring they are protected in case of divorce.

What Cannot be Included in a Prenup in the State of Georgia?

In Georgia, there are certain things that a prenuptial agreement cannot include. 

These restrictions often relate to non-financial matters such as child custody, child support, and any provisions that encourage divorce. 

Also, a prenup cannot include anything illegal or unjust.

Can a Prenup be Voided in the State of Georgia?

Yes, a prenuptial agreement can be voided in Georgia under certain circumstances. 

These include lack of voluntary consent, unconscionability, or if there was not full disclosure of assets and liabilities at the time the agreement was made. 

It’s crucial to have a knowledgeable attorney review your prenup to ensure its validity.

Final Thoughts

A prenuptial agreement in the state of Georgia offers protection across a range of financial aspects, from personal assets and future inheritances to potential liabilities. 

While the process to establish one may require careful consideration, time, and investment, the security it provides can be invaluable. 

However, it’s essential to remember that a prenup is a legal document and should be prepared under the guidance of a qualified attorney to ensure its validity and enforceability. 

This will help avoid any pitfalls and provide peace of mind that your financial future is safeguarded, no matter what life may bring.

If you live in the North Metro Atlanta area, feel free to reach out to us at Your Law Firm to start the conversation about protecting your assets with a prenup.