The Significance of Prenuptial Agreements

A prenuptial agreement (or "prenup") is a legal contract created by two individuals before their marriage, outlining the distribution of assets and responsibilities in the event of a divorce or death. In Georgia, prenuptial agreements are governed by state law and must meet certain criteria to be enforceable, including being in writing and signed by both parties. Prenups can be a useful tool for protecting individual assets, clarifying financial obligations, and ensuring a fair division of property if the marriage ends.



One of the most significant advantages of a prenuptial agreement is its ability to safeguard personal assets. For individuals entering a marriage with substantial assets, a prenup provides peace of mind that their property will remain separate in the event of a divorce. It can also prevent lengthy and costly litigation by clearly outlining how property will be divided, spousal support will be handled, and other financial issues will be resolved.

In Georgia, prenuptial agreements are enforceable as long as they are deemed fair and executed voluntarily. Courts will not enforce provisions that are deemed unconscionable or made under duress. Additionally, prenuptial agreements can be modified or revoked at any time during the marriage, provided both parties agree.

Prenuptial agreements can also address issues beyond asset division, such as spousal support or debts. By setting expectations early, couples can avoid potential conflicts down the line. However, it’s important to note that prenuptial agreements cannot address child custody or child support, as these matters must always be decided based on the best interests of the child.

If you are considering a prenuptial agreement or need guidance on how to draft one, contact our office at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm has been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers.