If you are considering getting married, you have likely received a lot of advice from your friends and family about how to approach this process. These suggestions can range from minor to major, but the advice that you choose to follow is ultimately up to you.
One of the hotly debated issues relating to marriage is whether a person should sign a prenuptial agreement. If you are debating a prenuptial agreement, you should not only understand why a prenuptial agreement might be beneficial, but also the various complications that can arise if you fail to create one.
What Happens if You do Not Have a Prenuptial Agreement?
If you decide not to enter into a prenuptial agreement, it is likely that you will not be able to protect some of the assets that you currently own. This is because prenuptial agreements offer a degree of protection in case your marriage does not last.
Another valuable aspect of prenuptial agreements is that they can be used to articulate how spousal support should be handled in case a marriage does not last or if one spouse dies unexpectedly.
These agreements do not mean that you are planning for your marriage to fail; they offer a great degree of protection just in case you end up getting divorced.
Advice on Creating a Good Prenuptial Agreement
Even though a prenuptial agreement can serve a number of important functions, it is not necessarily easy to create one. Some of the helpful suggestions that you should remember when creating a prenuptial agreement include:
- Make sure the agreement is fair. It is important to make sure that you and your future spouse enter into a prenuptial agreement that is well thought out and fair to both parties. If a prenuptial agreement is found to be unfair to either spouse, there is a possibility that it will not be found valid by the courts.
- Prenuptial agreements are not for everyone. In some cases, even when a great difference between assets and income is involved, prenuptial agreement might not be the best fit for individuals. The value of prenuptial agreements increase substantially when individuals enter into second or subsequent marriages.
- Prenuptial agreements do not always help avoid court. In some cases, prenuptial agreements are not capable of avoiding all of the disputes that can arise during a divorce. Other times, courts will not enforce prenuptial agreements because they are not fair to one spouse. A prenuptial agreement will not necessarily enable you to avoid a court of law.
Speak with an Experienced Family Law Attorney Today
If you are debating creating a prenuptial agreement or have concerns about the role that the agreement will play in your marriage, it can greatly help to speak with an experienced Georgia family law attorney.
Contact Vayman & Teitelbaum P.C. today to schedule a case evaluation.
