FAMILY LAW
Prenuptial
Agreements |
A prenuptial agreement is a contract entered into by
a future husband and wife (or domestic partners) to
establish the rights and responsibilities for each
party in the unfortunate event of a divorce.
A prenuptial agreement, antenuptial agreement or
premarital agreement are synonyms referring to the
same type of document. If you make and sign a
document with the same concept AFTER you get
married, it is called a "post-nuptial agreement".
The most common reason to get a prenuptial agreement
is to protect people who have considerable assets
and/or debts prior to the marriage and want to keep
them separate from their spouse for a specified
length of time. A “pre-nup” may be obtained by
people who have already been through a divorce and
want to minimize the legal effects of another
divorce and it can be used to establish, limit or
eliminate alimony.
The issues raised in a prenuptial agreement are
often complex. The legal effect of an improperly |
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prepared document can be disastrous to one or both
parties.
Even if you and your spouse have a prenuptial
agreement, you can always change the terms later.
You can always "re-up the pre-nup". Most well
written prenuptial agreements will contain
provisions that dictates how to cancel it and/or it
may provide for its automatic cancellation after an
agreed-upon amount of time.
When a prenuptial agreement is brought to the table,
it is important for each party to have their own
counsel. When each side has independent advice, it
makes the document more fair and more enforceable
since neither can later argue that they did not
understand what they were signing.
The attorneys at Deering & Associates can fully
explain any proposed agreement and the potential
pitfalls that could affect you. We can also suggest
changes that would benefit you in the event of a
divorce or separation.
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If you are seeking counsel in the Atlanta, Fulton
County, Georgia area concerning a prenuptial
agreement, Deering & Associates can help.
Contact us today to schedule
an introductory meeting with one of our attorneys.
The free initial consultation helps us determine how
we can assist you with. We also want you to be sure
you are comfortable with us as your legal guide and
representative.
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