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Georgia couples: Is a prenuptial agreement already in place?

Georgia residents considering marriage may be curious if a prenuptial agreement is right for them. Although it usually isn't considered a romantic topic to discuss, it can actually be a very positive thing for both parties. According to a recent article, every couple begins a marriage with a basic prenuptial agreement already in place, so it makes sense to create one that will benefit both parties and make the marriage and possible divorce easier.

When starting a marriage there are two choices for a prenuptial agreement: one that is drawn up through mutual communication or the one written for you by the state based on state divorce laws. This means that if there is a divorce without a prenuptial agreement in place, the assets will be divided according to the state laws governing divorce. They will not be divided according to what the two parties consider to be fair.

Several reasons were given as to why it is better to work together to create a prenuptial agreement. One, for example, is to protect family heirlooms or special property that means something to one of the involved parties. A prenuptial agreement can maintain those things will remain as separate property, not to be included in the division of property. In addition, if one the spouses own a business, it may be in the person's best interest to try to protect that investment.

Any Georgia couple considering a prenuptial agreement could potentially benefit from understanding the applicable state laws. By knowing what each party is entitled to and working together, a couple can enter a marriage knowing items that are important to them are secured should the marriage not work out. Taking the appropriate steps can ensure that both parties are happy with the outcome.

Source: Forbes, "Skittish About A Prenup? Like It Or Not, You Already Have One," Jeff Landers, July 17, 2013

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