If under the guidelines set out in the Georgian domestic relations code, the pre-marital and post-ptial arrangements outline issues related to the division of matrimonial property and malnutrition in the event that the couple finally divorces. There are seven important reasons why a pre-contract or marriage contract should be considered: it is a sad truth that about 50 per cent of all marriages end in divorce. Some parties choose to ignore the fact that divorce is a possible outcome. They therefore refuse to consider a prenup. Some also think it would be unsyerally to ask for a prenup. However, asking your future spouse to consider a prenup is a matter of honesty. It brings the reality out of the possibility of divorce and forces the parties to admit that their relationship could end. It also forces a couple to realize that if divorce occurs, it will create a number of challenges for both. By discussing a prenup, a couple can conduct an honest dialogue about their financial situation, their wealth and how they want to deal with these financial issues in the event of a divorce. This communication ends with an open conversation that could strengthen a relationship. If, upon review, the court finds that the agreement is contrary to one of these criteria, the terms of the agreement are not included in the final divorce decree and the content of the agreement is not taken into consideration by the court or jury in deciding divorce issues. Alexander v.
Alexander, 279 Ga. 116 (2005) and Corbett v. Corbett, 280 Ga. 369 (2006). To ensure the enforceability of your pre-marital contract in the event of a divorce, note that a properly drafted marriage agreement may designate certain assets as separate, so that they do not end in divorce and the ownership for inheritance purposes is clear. We advise you to create a marriage pact well in front of your wedding date, so that you and your intention to plan and ensure that romance is not taken out of the big day. Each party should keep a lawyer to protect its interests. Note: State laws can always be changed through new laws, decisions in higher courts (including federal decisions), election initiatives and other means. While we strive to provide the latest information available, please contact a lawyer or conduct your own legal research to verify the state laws you are doing.
At Stearns-Montgomery-Proctor, we advocate for families in the Atlanta metropolitan area for marital and post-thaw agreements, and we have the best interests of both parties while ensuring that conflicts of interest are avoided. Do you have any questions? Call us at (678) 971-3413 or contact us for a consultation. A marriage contract may be executed and enforced by one spouse at any time during the life of the other spouse, provided it does not infringe the rights of another person, buyer or creditor. It is not uncommon for a marriage agreement to limit, justify or even eliminate support in the event of a divorce. Sometimes the prenups outline subdivision provisions in certain clauses. The amounts are correlated to acts or activities committed by one of the spouses. If you are thinking about what should be included in a marriage agreement, you must be safe and cover all bases. Assuming that your agreement is reasonable and fair to both parties and complies with the legal requirements of Section 3 of the Georgia Domestic Code, there are a variety of conditions that you can include.