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Roswell Pre-Marital Agreements

Roswell Pre-Marital Agreements heart 529607 1920 300x200When two people get married, it is practical to decide ahead of time how their financial situation will be handled if ever they divorce in the future. No matter how unromantic that may sound, premarital agreements are a great way to avoid further financial conflicts should a divorce happen.

In a nutshell, a premarital agreement is a contract where you and your spouse can list down all your preferred terms in dealing with property division and alimony. Our good news for you, Vayman & Teitelbaum, P.C. has the best premarital agreement attorneys to help you do it right.

We understand how the law of Roswell, GA works and will explain how you can properly enter into a favorable agreement that abides by its legal requirements. Our attorneys will make sure that you will not be overwhelmed with worries over your properties. Protecting your assets while letting you focus on your marriage is our top priority.

If you are a resident of Roswelllooking to create an efficient premarital agreement, there is no one better to contact than our trusted team of attorneys.

Contact Vayman & Teitelbaum, P.C. at (678) 504-8411 for a free consultation with a premarital agreement attorney in Roswell now.

Overview

A premarital agreement is also known as an antenuptial or prenuptial agreement. It is a contract into which two people enter before they get married. The general purpose of a premarital agreement is to determine how the couple will divide properties, handle debts, and deal with other important issues if ever their marriage ends. It may also indicate how these issues will be handled even during the marriage.

It is important to note that even without a prenuptial agreement, your assets and debts will, of course, still be divided. However, without the agreement, it will be up to the state law to decide how your properties will be divided. If you enter into a premarital agreement, you and your spouse will be able to create a settlement on your own that will best suit both of your interests.

A lot of couples are choosing to have prenuptial agreements for several reasons. Contrary to common beliefs, these contracts are fit not just for wealthy people. Premarital agreements are beneficial for anyone who has assets, debts or has children from another marriage.

If you want to protect the assets that you owned way before the marriage happened, entering into a premarital agreement can be a wise choice. It will prevent your partner from owning part of your personal property should a divorce happen in the future. The agreement will also protect you from taking on the part of your spouse’s debts.

During a divorce, you can also protect your inheritance with a premarital agreement. You won’t have to divide it with your spouse if you don’t want to. Additionally, if you have children from a previous marriage and you want to give them an inheritance, a premarital agreement will protect that part of your assets.

Clauses in a Premarital Agreement

Roswell Pre-Marital Agreements divorce segment 300x199It is important to cover all bases when you’re creating your premarital agreement. The agreement must also be reasonable and fair to both parties and in accordance with the legal requirements set by Georgia state law.

Here is the list of the key areas you need to consider in creating a premarital agreement:

Property division. You can include a stipulation on how the properties acquired and the assets earned during the marriage will be divided should a divorce happen.

Alimony. Spousal support or alimony can be awarded if the spouse earns significantly less than the other or has sacrificed his/her career to take care of the children. However, with a prenuptial agreement, you can put a limit or a set condition in awarding alimony.

Business interests. If you are about to start your own business or if you already own one and your spouse contributes to it during the marriage, there can be a future ownership interest in the business for your spouse. Having a premarital agreement will let you address how the ownership of the business will be treated.

Retirement accounts. Contributions to a pension and 401k accounts are considered marital properties once you get married. The divisions of these accounts can be discussed in the premarital agreement.

Attorney’s fees. In a contested divorce, attorney’s fees can be expensive. With a premarital agreement, you may state that you and your spouse will be responsible for each of your legal expenses.

Confidentiality agreements. You can also address privacy issues with a prenuptial agreement. You can state that details of your marriage, divorce, and received settlements will be kept fully confidential.

Income, deductions, and claims. Including this in your premarital agreement will be necessary for filing tax returns.

Household bills and expenses management.

Joint bank accounts management.

Investment arrangement. Spell out arrangements on certain purchases in your premarital agreement.

Financial management. Include details on how credit card spending, payments, and savings contributions should be managed.

Distribution of property. You can also incorporate a stipulation in the premarital agreement on how properties—including life insurance—should be distributed to the survivor should a death happen.

Financial support for education. Consider including the arrangement of putting a spouse through school.

Settlement of potential disagreements. A prenuptial agreement can include whether or not you and your spouse will undergo mediation or arbitration to deal with future conflicts.

Note that premarital agreements cannot determine information related to child custody. However, you can include a stipulation in the agreement detailing an enforceable collaborative process aimed at making arrangements for child custody.

In order not to miss any important detail in your prenuptial agreement, acquire help from a premarital agreement attorney. They are professionals who know how to create an agreement that will address all the critical areas in any divorce case.

Enforceability of a Premarital Agreement in Roswell

Massachusetts Personal Injury LawyerAccording to the law of Roswell, GA, premarital agreements are legally enforceable. If a couple enters into the said agreement, the court will most likely approve the prenup and incorporate it into their final divorce decree—if ever their marriage ends. However, the court may still refuse to enforce an existing prenuptial agreement.

The court’s analysis of the agreement will be based on the following criteria:

  • Was the agreement obtained through fraud, duress, misrepresentation, or nondisclosure of material facts?
  • Is the agreement considered unconscionable?
  • Have the circumstances changed since the agreement was executed, making its enforcement already unfair and unreasonable at present?

For you to make sure that you entered an enforceable premarital agreement, always remember the following:

  • The law in Georgia requires all premarital agreements to be in writing.
  • The signing of the agreement must be witnessed by at least two people. They should watch both you and your spouse sign the prenuptial agreement then proceed to sign it themselves.
  • Either you or your spouse, or either of your attorneys, should file the agreement in the county superior court clerk’s office where either you or your spouse lives. This must be done within three months after the signing date.
  • Both you and your spouse should be competent to enter a contract. This means that:
    • You and your spouse are old enough to get married.
    • You and your spouse are mentally competent.
    • Neither you nor your spouse is married to another person when the marriage happens.
    • You and your spouse are not related to each other.
  • You and your spouse should be completely transparent with your assets, listing them in the prenuptial agreement or one of its attachments.
  • You and your spouse must have the opportunity to talk to your respective attorneys about the agreement before signing it, regardless of whether or not the two of you took advantage of the opportunity.

To be entirely certain that the prenuptial agreement you signed is legally enforceable, it is highly recommended to work with a skilled premarital agreement attorney who has sufficient knowledge and experience. They will know exactly how to create an agreement that adheres to every law requirement in Roswell.

Best Premarital Agreement Attorneys in Roswell

We understand that as much as your marriage is a personal and emotional affair, securing your future and financial well-being also plays an important role as you transition from the single to married life. With this in mind, Vayman & Teitelbaum, P.C. offers the top legal service in Roswell when it comes to dealing with premarital agreements.

We have a team of expert attorneys who deeply understands the law. They know how to handle your concerns and will help you enter into an agreement that will protect your rights and properties.

To fully give you satisfactory service, our premarital agreement attorneys will take into account all your personal preferences and unique circumstances to present your best legal options. We will make sure that it is not just you and your properties that will be protected. All the people involved in your financial plan, should you divorce your spouse in the future, will also be well-taken care of.

Vayman & Teitelbaum, P.C. assures you that in the whole of Roswell, we are among the best legal service providers when it comes to dealing with prenuptial agreements. You won’t have to worry about being a legal disadvantage once you start working with one of our attorneys.

Free Consultation

Georgia Family Law AttorneysIf you truly want to protect your assets prior to getting married, do not think twice about reaching out to us today.

Contact Vayman & Teitelbaum, P.C. at (678) 504-8411 for a free consultation with a premarital agreement attorney in Roswell now.

 

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