In Georgia, prenuptial agreements are legal and enforceable as long as they meet certain criteria. A prenuptial agreement, also known as a premarital agreement or prenup, is a contract between two individuals who are planning to get married that outlines how assets and debts will be distributed in the event of a divorce.
If you`re considering creating a prenuptial agreement in Georgia, it`s important to have a clear understanding of what needs to be included in the agreement. To help you get started, we`ve put together a sample prenuptial agreement for Georgia residents.
Sample Prenuptial Agreement for Georgia
This agreement is entered into on [date] by [name of husband] and [name of wife], who are planning to get married on [date of marriage].
1. Property Division
Both parties agree that any property acquired before the marriage, as well as any property acquired during the marriage, will be considered separate property and will not be subject to division in the event of divorce.
Any property acquired jointly during the marriage will be divided equally between the parties in the event of divorce. This includes any real estate, bank accounts, retirement accounts, investments, and personal property.
2. Spousal Support
Both parties agree that in the event of divorce, neither party will be entitled to spousal support. This includes both temporary and permanent spousal support.
3. Debts
Both parties agree that any debts incurred before the marriage will remain the responsibility of the individual who incurred them. Any debts incurred during the marriage will be divided equally between the parties in the event of divorce.
4. Death
In the event of the death of either party, the surviving spouse will inherit any property that was jointly owned by the couple. This includes any real estate, bank accounts, retirement accounts, investments, and personal property.
5. Amendments
This agreement can only be amended or modified in writing and must be signed by both parties.
6. Governing Law
This agreement will be governed and enforced by the laws of the State of Georgia.
Both parties acknowledge that they have read and understand the terms of this agreement and are entering into it voluntarily and without duress.
Conclusion
A prenuptial agreement can be a useful tool for couples who want to protect their individual assets and interests in the event of divorce. While this sample agreement can serve as a guide for Georgia residents, it`s important to consult with a qualified attorney who can help you create an agreement that meets your specific needs and complies with Georgia law.