If created in accordance with the guidelines of the Georgia Domestic Relations Code, marital and post-marital agreements describe issues related to the distribution of matrimonial property and alimony in the event that the couple ends up divorcing. There are seven important reasons why a prenup contract or post-marital agreement should be considered: just like for Prenups, both parties should hire a Georgian lawyer experienced in drawing up marriage contracts in order to protect their interests. About the Author: Cale Rogers is a partner and attorney at Coleman, Chambers &Rogers, LLP, in Gainesville, Georgia. The firm regularly deals with matters related to marriage contracts and other domestic matters. The company has or may handle domestic matters for those who reside in almost every county in North Georgia, including: Hall County (Gainesville), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia) throughout northeastern Georgia and throughout the Georgian state. The State of Georgia recognizes both pre-marital and post-marital agreements. Here are 6 frequently asked questions (FAQs) about marriage contracts in Georgia: marriage contracts are interpreted liberally to implement the intentions of the parties, and the agreement will not be invalidated simply because there was something missing in its form. Many people have a misconception of what a marriage contract (sometimes called Prenup) is. Most of the time, marriage contracts aim to protect the interests of children or existing partners in family businesses. The only areas that cannot be resolved in advance by a prenup are issues relating to the care and maintenance of children. Negotiating a marriage contract before marriage, while each party probably loves the other and wants to be fair to each other, can save both parties a lot of money and stress if a divorce happens later. Custody of children is not determined by marriage contracts, but you can define an enforceable collaborative process when it comes to entering into agreements.
When researching legal, it is important to read the literal language of the statutes. However, it is also useful to read a summary of the statute in plain English, as the statutes are often written in “Legalese”. The table below contains a summary of the laws relating to marriage contracts in Georgia as well as links to relevant laws. While divorce is the last thing a couple thinks about when they`re considering getting married, being confident that you know what`s going to happen in the event of a divorce can sometimes be a stress reduction. This is where marriage contracts come into play. A marriage contract, which can also be called a pre-marriage or marital contract, can define a lot of important points, including: as you can see, there is a certain way to design marriage contracts and submit them to your future spouse to be enforceable. If you would like help with the creation or revision of a marriage contract, it is a good idea to speak today to an experienced family law lawyer in Georgia. Parties who own important property before marriage usually execute marriage contracts….