Prenuptial agreements are agreements into which two people who are getting married may enter to decide marital and divorce issues. Such agreements normally outline how alimony, division of assets, and other issues will be addressed in the event that the parties obtain a divorce. The agreement can anticipate issues with regard to property and assets that the parties brought to the marriage and may subsequently acquire during the course of the marriage. A pre-nuptial agreement may state how marital property shall be divided and identify what property is considered separate property. A prenuptial agreement can also determine whether alimony will be paid, and, if it is paid, how much it will be. However, a pre-nuptial agreement cannot waive or limit a party’s right to child support.

Prenuptial agreements can also be used to decide how the parties wish to maintain their marriage. For example, prenuptial agreements may address how the parties wish to care for their children during the course of the marriage. The prenuptial agreement could decide in advance which parent, if any, would quit working and care for any children born during the marriage.

Pre-nuptial agreements can also be used to explain what each party’s role is with regard to employment, wage earning, and household responsibilities during the marriage. For example, an agreement could state that one spouse agreed to remain in his or her profession until retirement in order to support the family, and that the other spouse agreed to be responsible for the majority of tasks related to maintaining household and caring for the children. Alternatively, the agreement might state that the parties would both continue to be employed during the marriage and would contribute equally to financial and domestic responsibilities.

Pre-nuptial agreements allow people who are planning to get married to discuss many major issues that may arise during a marriage and during a divorce. Prenuptial agreements may be used to force the parties to communicate directly and clearly about their expectations during and after the marriage and may even teach the parties how to effectively communicate with each other and maybe even avoid a divorce. If you have any questions about pre-nuptial agreements in Georgia, please call The Law Offices of Betty Nguyen Davis at (404) 593-2620 to schedule a free consultation with an attorney.