What Is a Prenuptial Agreement and Is It Right for You?

Talking about a prenuptial agreement before getting married can feel uncomfortable, but for many couples, it is a practical and loving decision. Here is an honest look at what prenups do and do not do.  

A Prenup Is Not a Prediction of Divorce  

Many couples resist prenups because they feel it signals a lack of trust or confidence in the marriage. In reality, a prenuptial agreement is simply a financial plan similar to having insurance. It acknowledges that life is unpredictable and prepares both parties accordingly.  

What a Prenup Can Cover  

A prenuptial agreement can address how property and assets will be divided in divorce, whether alimony will be paid and in what amount, how premarital debt will be handled, and how a family business will be protected.  

What a Prenup Cannot Cover  

A prenup cannot predetermine child custody or child support. Courts in Georgia will always evaluate these issues based on the best interest of the child at the time of the divorce, and any prenup provision attempting to limit this is unenforceable.  

Both Parties Need Independent Counsel  

For a prenuptial agreement to be enforceable, both parties should have independent legal representation. An agreement signed without full financial disclosure or under pressure may be thrown out by a court.