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Should you get a prenuptial or postnuptial agreement?

On Behalf of | Dec 10, 2021 | Firm News

As Americans marry later than they did in the past, many people have significant assets and/or debts when they decide to make it official. As a result, Millennials and other younger generations are much more likely to embrace prenuptial and postnuptial agreements than their parents and grandparents were.

Learn more about prenups and postnups to determine whether this type of contract could protect you and your future spouse.

Defining prenuptial and postnuptial agreements

These legal contracts spell out how you and your spouse will divide finances if you divorce. You can also establish certain assets and debts as separate rather than marital. Georgia does not allow prenuptial agreements to detail decisions about child custody and support.

A prenuptial agreement takes effect as soon as you get married. You can also create a postnuptial agreement anytime during the marriage.

Deciding on a prenup or postnup

You may want to consider a prenuptial or postnuptial agreement if you or your spouse:

  • Has children from another relationship
  • Owns a business
  • Has significant assets
  • Will inherit substantial family assets
  • Has significant debt
  • Had a previous divorce

Georgia requires prenuptial agreements to be in writing. Both spouses and two witnesses must sign the document. You must file it in the local county court within three months of signing.

In addition, both spouses must be old enough to marry in Georgia (at least 16 except with parental consent). You must both be mentally competent, not already married to someone else, and not related to one another.

Discussing these issues with your spouse and putting a prenuptial or postnuptial agreement in place can provide financial peace of mind.