North Atlanta, Marietta and Roswell Prenup Attorney
In Georgia, a prenuptial agreement can give you peace of mind if you are entering a second marriage or are bringing significant assets to a first marriage. However, to be enforceable the agreement must be properly executed.
My name is Jeffrey S. Williams. I am an attorney who drafts prenuptial and postnuptial agreements for men and women in North Atlanta, including Alpharetta, Roswell, Marietta and surrounding counties. I can only represent one of the two parties in the agreement. The other side should seek counsel from his or her own attorney.
What Is a Prenuptial Agreement?
A prenuptial agreement is an agreement you enter into before your marriage in which you determine in advance how property should be divided in the event of a future divorce. For example, a prenuptial agreement can determine whether a home or business is marital or separate property. It can also determine whether certain income is martial or separate property, and whether a spouse has a right to receive alimony. About the only issues that cannot be decided by a prenuptial agreement are child custody, visitation and child support.
A postnuptial agreement is a similar agreement that is entered into after marriage.
When Is a Prenuptial Agreement Not Enforceable?
There are certain circumstances when a judge may determine that the agreement is against public policy and should be set aside. Here are some examples of when a prenuptial agreement may not be enforceable:
- When one side coerces the other into signing it — for example, by springing it on the other side the night before the wedding
- When the other side is not represented by a lawyer
- When the agreement is unjust — for example, when there is a disparity of income and assets and the lower-earning spouse is left with nothing
For More Information About Prenup Contracts
For more information or to schedule a consultation with me, Alpharetta prenuptial agreement attorney Jeffrey S. Williams, call 770-884-4053 or fill out the contact form on this website.
