The Georgia prenuptial agreement is a legal form that couples sometimes use if they plan to get married soon. It is the contract between spouses establishing the main conditions regarding their funds and estate in the event of divorce or one spouse’s passing away.
The document contains vital information and terms about the couple’s finances and properties, whether mutual or private, including daily expenses and other money-related issues.
If the document exists, it makes spouses’ lives easier if they decide to get divorced. Also, it helps a spouse if the other partner dies without leaving any last will.
Prenup Laws and Requirements in Georgia
In Georgia, the document is also called an “antenuptial agreement.” The other names that are commonly used in the United States are a “marriage contract,” a “prenup,” and a “premarital agreement.”
Prenups are regulated by specific laws proposed by every American state. While some rules and norms are similar in some states, it is still vital to know the laws regarding such agreements in your state before signing the form.
Below, you may familiarize yourself with the form’s content and relevant laws in the state of Georgia.
The prenup’s content
It does not matter in which state you create a prenup; the things you note down are normally more or less the same.
Among the topics covered in the contract are usually the following:
- Ways to divide properties and debts if the divorce occurs
- Steps to take if one of the spouses dies
- Information about the mutual and individual estate
- Tax matters, retirement plans, household costs, and other daily expenses
- Other conditions relevant for the agreement.
The essential thing you should know is that a prenup never addresses the children’s life and future if parents get divorced, or one of the parents passes away. Such questions are discussed in court, and a prenup cannot regulate them.
Requirements to Make Georgia Prenups Enforceable
The laws of antenuptial agreements are placed in the Georgia Code, Title 19, Chapter 3, Article 3 (see Sections from 19-3-60 to 19-3-68).
Section 19-3-60 of the Code explains the term “antenuptial agreement”: it is a contract between spouses made and signed before the marriage starts; it defines what rights each spouse has to the property or describes how to solve all possible issues about the property in the future. Among such issues can be financial support and equitable property division.
One of the main requirements to the contract in Georgia is its creation in paper format; both spouses must sign the form and ask at least one witness and notary public to sign (see the Code’s Section 19-3-62).
Georgia Marital Property Laws
As we have mentioned above, Georgia is one of the states where the property is usually shared equally between spouses. Besides, some laws regulate the property of those who are married.
To find out more information, you can check out the Georgia Code, Title 19, Chapter 5. For instance, according to Section 19-5-7 of this chapter, if one spouse submits a divorce petition, there is no way to transfer any properties between partners except to pay off already-existing debts.
Common Questions about Prenups in Georgia
If you still have any questions regarding such agreements in the state of Georgia, below, you may find all the answers you are looking for.
- Can a prenup be signed after the marriage?
While the word “prenuptial” means that the agreement was made strictly before the matrimony has started, the law allows spouses to sign both prenups and “postnuptial” agreements in Georgia.
The second document literally means that you sign it after getting married; however, the content can be similar and propose regulations for the properties of yours and your legal partners.
- Why should I even bother creating a prenup contract?
Having such a form signed before marriage secures your funds and assets.
Regardless of how you and your partner love each other right now and are ready to share everything until one of you passes away, the future may hide many surprises for you. Believe us, you do not want to end up with only half of your estate if something goes wrong and you file for a divorce.
So, it is a smart move to discuss all the worst-case scenarios and property transfers before the matrimony begins.
- What questions can a prenup cover?
You may define everything regarding funds and assets in a prenup: yours and your spouse’s. The important thing to remember is that a prenup cannot relate to your child or children’s life or future.