A prenuptial agreement, also known as a prenup, is a legal contract that is signed by two individuals before they get married. The agreement outlines the property and financial rights of each partner in the event of a separation or divorce. In the state of Georgia, prenuptial agreements must follow specific legal requirements to be considered valid.
A sample Georgia prenuptial agreement should include several important provisions. The first provision should outline the assets that each partner has prior to the marriage. This includes property, investments, and any other valuables that either party wants to protect in the event of a divorce.
The agreement should also outline how property acquired during the marriage will be divided in the event of a divorce. Georgia is an equitable distribution state, which means that property acquired during the marriage will be divided fairly but not necessarily equally. The prenuptial agreement can specify a different arrangement if both parties agree.
Another important provision to include in a sample Georgia prenuptial agreement is spousal support. The agreement can specify whether or not either party will receive alimony in the event of a divorce, and if so, how much and for how long.
Child custody and support can also be addressed in a prenuptial agreement, although the court will ultimately decide what is in the best interest of the child. The agreement can specify how these matters will be handled if a divorce occurs.
It`s important to note that a prenuptial agreement cannot violate any state laws or public policy. For example, a prenuptial agreement cannot waive the right to child support, as this is considered against public policy in Georgia.
In order for a prenuptial agreement to be valid in Georgia, both parties must enter into the agreement voluntarily and with full disclosure of their assets and financial situation. Each partner should also have the opportunity to consult with their own attorney before signing the agreement.
In summary, a sample Georgia prenuptial agreement should include provisions for property division, spousal support, and child custody and support if applicable. The agreement must be entered into voluntarily and with full disclosure of financial information. If you are considering a prenuptial agreement in Georgia, it`s important to consult with an experienced attorney who can guide you through the legal requirements and help you draft a comprehensive agreement that protects your interests.