Whether entering a new marriage or evolving in an existing union, it’s natural to want to safeguard your hard-earned assets and/or assets handed down or gifted from loved ones. Prenuptial and postnuptial agreements can help ensure your financial interests are protected. In Georgia, these legal documents can be tailored to address your specific needs and circumstances, offering protection and greater peace of mind.
The assets you bring into a marriage can include anything from real estate and retirement accounts to family heirlooms and business interests. Without prenuptial or postnuptial agreements, you may likely have to have your assets divided in case of the dissolution of your marriage, potentially leaving you with far less than you intended.
Guarding your assets with a prenup or a postnup
A prenuptial agreement or postnuptial agreement can address any assets that you may want to keep separate from your marital estate. In Georgia, these agreements are enforceable only if they meet the required legal requirements, such as being executed voluntarily and with full disclosure of assets.
By detailing these assets in the agreement, you can ensure they remain your separate property, even in the event of divorce. For example, suppose you own a home that you purchased before your marriage. In that case, a prenuptial agreement can specify that this property remains solely yours, preventing it from being divided in the event of a divorce.
Additionally, these agreements can protect any income or assets generated from the property or investments you brought into the marriage. For instance, if you have a retirement account from a previous job or an investment portfolio you built while single, a postnuptial agreement can stipulate that these remain separate. This can ensure any growth or contributions made after marriage are protected.
While some may view these documents as a sign of mistrust, they are actually a tool that can help to facilitate clarity and fairness. By taking the time to create a comprehensive agreement before or during marriage, you can better ensure that your interests remain safeguarded and that your expectations related to your property are clear and legally enforceable.
If you are not sure if you need a prenuptial or postnuptial agreement or if you are considering one, you can benefit from consulting with a legal team in Georgia. They can help you understand the cons and pros of the agreements and help ensure your assets are protected accordingly.