Prenuptial/Post Nuptial Agreements

The main purpose of a prenuptial or a postnuptial agreement is to eliminate the mystery of what a judge or jury would do with division of property and in awarding alimony in the event of a divorce.  Prenuptial agreements are effective in protecting certain property or businesses acquired before a marriage, in protecting inheritances or gifts from others, and in protecting against any unintended marital interest in what normally would be considered “separate” and limiting, specifying or eliminating alimony.  Postnuptial agreements are effective after the marriage in defining what property goes to which party, how current and future assets would be dealt with in the event of a divorce, and to reclassify income or assets to alleviate or eliminate a long and contested divorce.  So long as they meet certain requirements, prenuptial and postnuptial agreements are generally enforced in Georgia.   Our attorneys have extensive experience in drafting enforceable documents and litigating their enforceability or, in certain circumstances, their non-enforceability.