Why Prenuptial And Postnuptial Agreements Make Sense

Prior to entering into a marriage, a party may wish to protect assets that they own at the time of marriage and/or assets accumulated during the marriage. Prenuptial agreements protect those assets in the event of a marital dissolution. Couples with substantial assets in their name want to resolve these issues prior to the marriage, which can make the marital relationship more secure and stable and less likely to dissolve.

A prenuptial agreement identifies all of a person's assets and yearly income to their future partner so that they can start their marriage with transparency. The prenuptial agreement reflects how the couple wishes to divide their property and may also include whether alimony should be paid.

Postnuptial agreements may arise after the marriage where divorce has been discussed. The couple may wish to remain together knowing how certain financial assets will be divided and how each party will act toward the other.

Both prenuptial and postnuptial agreements have been specifically upheld by the Supreme Court of Georgia and are enforceable in a divorce action assuming they satisfy the criteria. However, any commingling of separate assets in joint accounts or placing the other party's name on your premarital home or other property may be construed as a gift to that party of a portion of the assets.

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