Marietta Prenuptial & Postnuptial Agreements Lawyer
A good agreement isn't about expecting the worst — it's about clarity and fairness. We draft prenuptial and postnuptial agreements that protect both partners and hold up when it counts.
Prenuptial vs. postnuptial agreements
A prenuptial agreement is signed before marriage; a postnuptial after. Both can address property division, separate versus marital assets, alimony, retirement, inheritance, and business interests — bringing real clarity and protection to a marriage.
What makes an agreement enforceable in Georgia
Georgia courts apply the Scherer test: the agreement must be free of fraud, duress, and nondisclosure; not unconscionable; and fair in light of the circumstances. In practice that means a written agreement, full financial disclosure, separate counsel for each party, signing well before the wedding, two witnesses, and notarization. We make sure yours checks every box.
What a prenup can — and can't — cover
It can cover property, alimony, debts, business interests, and inheritance rights. It cannot decide child custody or child support — Georgia courts always retain authority over child-related matters, no matter what an agreement says.
When agreements get challenged
Agreements can be attacked for fraud, concealed assets, unconscionable terms, or unforeseen changes that make enforcement unfair. Careful, fully disclosed drafting up front is exactly what makes yours hold up later.
Questions & answers
Prenup & Postnup: common questions
Are prenuptial agreements enforceable in Georgia?
Yes — under the Scherer test, when entered voluntarily with full financial disclosure and fair, non-unconscionable terms. Each party should have separate counsel and the document should be witnessed and notarized.
What can't a prenup include in Georgia?
It can't determine child custody or child support. Georgia courts retain authority over all child-related matters regardless of what an agreement says.
What's the difference between a prenup and a postnup?
A prenuptial agreement is signed before the marriage; a postnuptial agreement after. Both serve the same protective purpose.
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