A prenuptial agreement is an agreement that can only be made between two parties who intend to marry. In Georgia, a prenuptial agreement can help individuals work out their preferences and differences regarding their assets and finances before they take the long walk down the aisle to marriage. A prenup can be used to solidify financial plans during a couple's legal union, but it also may be used to establish property rights and other financial understandings, in the event that the couple ends their marriage in divorce.
If a couple does not have a prenup, then there will be no impact on a divorce since there is no agreement regarding these topics between them. If a couple has a prenup, then the document will be reviewed and its terms evaluated for validity and fairness. Prenuptial agreements can be set aside, if they are deficient or lacking any of the necessary components of their execution.
Put generally, a prenup can have a financial impact on a divorce, but it may not affect other divorce-related considerations. Because matters related to children, such as child support and child custody, cannot be addressed in prenuptial agreements, these topics will still be important to manage during the negotiations of a complex divorce. Matters related to children must take into account the best interests of the kids.
When preparing to divorce, it can be useful for a person to have a skilled family law attorney who is familiar with prenuptial agreements look over their prenup. Complex divorce can become an overwhelming legal processes and prenuptial agreements are must one component in the expansive realm of ending marriages.