Child Custody and Visitation Attorneys

Though some consider prenuptial agreements a red flag, for those with business interests, personal wealth, minor children, or past debt, a prenuptial agreement can bring financial security and peace of mind to a new union. If you need help ensuring your interests are protected before starting your new life with another person, consider speaking to the Atlanta prenuptial agreement attorneys at Kessler & Solomiany, LLC. We have decades of experience helping Atlanta residents get the security they need before marriage, and we can use that experience to help you and your family. Call us today at (404) 688-8810 to schedule a confidential consultation. We will review your case and discuss your options with no obligation. You deserve to have your rights protected. Call Kessler & Solomiany, LLC today.

What Is a Prenuptial Agreement?

A prenuptial agreement, also called an antenuptial, premarital agreement, or prenup, is a legal document outlining the responsibilities of parties entering into a marriage if they should divorce. It is commonly used to protect high-net-worth individuals and their interests should a marriage fail.

prenuptual agreementThe benefits of a prenuptial agreement are manifold. Deciding how assets, debt, property, and financial concerns are handled at the outset can make the divorce process cheaper and faster for both parties. It also allows the concerned parties to decide how these assets are divided instead leaving the choice to an arbitrator, mediator, or a Georgia civil law judge.

Prenuptial agreements are valuable tools for protecting property, assets, and dependents that you bring into a new marriage. They may also be used to protect you from responsibility for debts being brought into a union by your new spouse. A prenuptial agreement can bring you security and peace of mind when you need it most.

What Can Be Included in a Prenuptial Agreement?

A prenuptial agreement usually concentrates on the financial assets, obligations, and debts of the involved parties. When drafting a prenup, one party might include a provision that disallows the other from retaining any ownership of businesses started before the marriage or limit the amount of spousal support or alimony one party may receive after a divorce.

A prenup may also include a provision that keeps you from assuming responsibility for any debts accrued before the marriage took place or to pass separate property to children born before the marriage in case of a divorce.

What Cannot Be Included in a Prenuptial Agreement?

Several provisions cannot be included in a prenuptial agreement in Georgia if the contract is to be enforceable.

Regarding child custody and visitation rights, per Georgia law, prenuptial agreements cannot be used to determine child custody or child support. In Georgia, child custody and child support are determined by the child’s needs, not the parents.’ Including child custody or child support agreements in a prenuptial agreement may make it unenforceable in a Georgia civil court.

Concerning child visitation, the law doesn’t expressly prohibit visitation rights from being included in a prenup. However, the laws regarding child custody and support after a marriage ends place the child’s needs ahead of the parents, so an agreement with a provision for child visitation may only be enforceable in certain circumstances. Talk to your attorney to learn more.

Prenuptial agreements cannot include any provisions regulating personal activities. Prenups are intended to address financial obligations and assets in a divorce, not limit what one spouse must do or not do during the marriage.

Prenups cannot include provisions requiring or allowing illegal or immoral behavior. A prenup cannot be used to release one party from the obligation of paying child support for a child born during the marriage, as it would violate Georgia law. Likewise, it cannot include a provision allowing either party to engage in extramarital affairs, as adultery is a crime under Georgia criminal law.

Why Do I Need a Lawyer for My Child Custody and Visitation Prenuptial Agreement?

Hiring an experienced lawyer to assist with drafting a prenuptial agreement isn’t a luxury. It’s a necessity.

A prenup isn’t an informal agreement. It is a legal document fully enforceable under state law. It’s vital that the agreement is carefully reviewed and executed, as once both parties sign it, it is legally binding. Attempting to enter into a contract that decides your financial future without the help of a qualified attorney would be foolhardy, indeed. In fact, a judge may not enforce a prenuptial agreement if they believe you entered into the contract without fully understanding the ramifications.

do I need lawyer for custody prenup

Hiring an attorney gives you an advantage in several ways. Your attorney will be able to explain what can and cannot be included in a prenuptial agreement, how the process works, and the benefits and liabilities associated with each provision. We will work diligently to make sure your rights and interests are protected with a valid, lawful contract.

There is no one-size-fits-all contract for prenuptial agreements. Each marriage is unique, and your prenup should reflect that. Trying to use a formula or template for a prenup can lead to added time and expense if the marriage should end, as there’s no way of knowing whether all your bases are covered without an attorney to assist you.

Why Hire Kessler & Solomiany, LLC to Represent Me?

If you and your family need assistance with any aspect of family law, you won’t find a more capable team of legal professionals than the attorneys at Kessler & Solomiany, LLC.

We have experience handling family law cases of all shapes and sizes. From uncontested divorces to celebrity child custody cases, we’ve seen and done it all, and we can use that experience to make your divorce, child custody, adoption, or prenuptial agreement case simpler and easier to manage for all parties.

Head to our Testimonials page to hear from past clients, and you’ll see what we mean.

Call Kessler & Solomiany, LLC Today

Don’t wait any longer. Call Kessler & Solomiany, LLC today at (404) 688-8810 to schedule a confidential consultation. We’ll thoroughly review your case and tell you how we can help, all with no obligation. Don’t let a child custody and visitation dispute hurt your chances for happiness after marriage. Call Kessler & Solomiany, LLC today.