Adults planning to get married in Georgia have the option of using a prenuptial agreement to establish the rights of each spouse if they later decide to divorce. In the past, prenuptial agreements were largely associated with marriages between wealthy people, but as more adults get married later in life, or have multiple marriages throughout their lives, these agreements are becoming more common. A person who has previously gone through a difficult divorce often wants to do what he or she can to prevent another one while adults who have acquired property prior to their marriage may want to protect their assets. Unfortunately, even though prenuptial agreements are becoming more common, people often make critical mistakes that leave them unprotected in spite of all of their previous planning.
Using Only One Lawyer
Couples who are in love and view a prenuptial agreement simply as a safety net in the unlikely event of a divorce often use only one lawyer. Using the same lawyer is seen as a way to save money, and if a couple views their agreement as a technicality that will probably not be used, they both might be genuinely comfortable with sharing a lawyer. However, if problems do arise and a divorce is necessary, using the same lawyer could create a problem. Sharing a lawyer, especially if only one person is paying, could later make things appear to be unfair or unreasonable. Using separate lawyers is a way to make sure both adults are comfortable and receive advice that is in their individual best interest.
Making Impractical Requests
Part of creating a prenuptial agreement that both parties are satisfied with is negotiating regarding aspects of the agreement that one party does not like. Marriage involves a great deal of shared financial decisions, so in many ways a prenuptial agreement is a business contract between two prospective partners. Requests that are made regarding the agreement should reflect the financial and business side of the relationship instead of personal feelings. Requests to change certain aspects of the agreement should not be influenced by a partner’s feelings about a previous spouse, children outside of the marriage, or other family members. Asking your soon-to-be spouse to change the agreement because you want to deprive a third party of property or receive the same settlement a previous spouse did without any clear reason could lead to problems.
Rushing into an Agreement
There are many stories regarding a spouse being asked to sign a prenuptial agreement only a few days before a wedding without any prior warning or discussion. ,In some cases a spouse will sign the agreement because he or she is afraid the wedding will be called off or because he or she does not want to argue about it. When this happens the couple may later end up having more problems in the future if they decide to divorce. The partner who agreed to sign the document without getting legal advice might find that he or she agreed to much more than he or she realized.
The prenuptial attorney you select to represent you will make sure you understand what you are agreeing to while protecting your future rights. The attorneys at Vayman and Teitelbaum are able to provide you with the assistance you need to finish the agreement and focus on your new marriage. Contact us today and schedule a consultation at one of our four offices conveniently located in the Atlanta metro area.