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Along with the many details involved in planning their wedding, many couples these days are retaining an attorney to draw up a prenuptial agreement. In the past, it was generally only high-wealth people who signed prenups, but their popularity among millennials (those between the ages of 23 to 38 in 2019) for doing so has increased dramatically. However, no matter what your age and income level, a prenuptial agreement can help you to be confident about protecting your finances if a divorce occurs in the future.

If you and your partner are considering claiming the security that a prenuptial agreement provides, call (404) 688-8810 to schedule a consultation with an Atlanta prenuptial agreement lawyer at Kessler & Solomiany, LLC. An attorney will meet with you and your partner to go over the details of your case and to explain your options. You have nothing to lose because there is no further obligation on your part. But if you decide to go forward with your prenup, you can enter into your upcoming marriage with the peace of mind that your rights will be protected, come what may.

Defining the Prenuptial Agreement

A prenuptial agreement is a legal document between two people who are about to marry that specifies each party’s responsibilities and property rights should they enter into a divorce. In a prenuptial agreement, both parties are in control of how their assets should be divided. The advantages include the guarantee that finances will be examined when the parties have a good feeling about the union and are willing to agree about the details. The prenuptial document protects property obtained prior to the marriage, property owned by one party, and that owned by the family. It also provides for children who will be brought into the new union.

What Can Be Included in a Prenuptial Agreement?

The main components of prenuptial agreements are each party’s finances, assets, responsibilities, and the debts incurred prior to the marriage. For example, if one party has high credit card bills when coming into the union, a stipulation may state that the other party is not responsible for paying that debt. Another provision may state that property owned by one party before the marriage takes place cannot be appropriated by the other party.

Another example of a stipulation that could be added is that in the event of a divorce, assets acquired during the marriage must be divided equally between the parties, regardless of which party acquired them. Although discussing these types of provisions with your intended spouse may seem cold-hearted, a prenuptial agreement can serve to eliminate any concerns the parties may have about retaining their quality of life should things not work out.

What Cannot Be Included in a Prenuptial Agreement?

In Georgia, there are certain provisions that may not be included in a prenuptial agreement. You can ensure that your prenuptial agreement is in line with Georgia law by retaining an experienced family law attorney to handle it. The custody and support of children are based on the child’s needs, and this is determined in a civil court, not in the text of a prenuptial agreement. As a result, child custody and support cannot be included.

Child visitation rights may be included in a prenup, but in the event of a divorce, the child’s needs become paramount. Therefore, there is no guarantee that this stipulation will be enforceable if the parents decide to divorce. An experienced attorney can advise you in this matter.

What one party does with their time cannot be included in a prenup. Prenuptial agreements focus primarily on financial issues. They are not intended to scrutinize or declare what the spouses may or may not engage in while they are married.

Provisions that encourage actions that are immoral or illegal cannot be included in a prenuptial agreement. For example, allowing illicit affairs outside of the marriage is a provision that is prohibited in the document because, in Georgia, adultery is a crime. Also, spouses may not include a provision that allows either of them to refuse to support a child born of their union.

Do I Need a Lawyer for My Child Support Prenuptial Agreement?

You undoubtedly want your prenup to be legally enforceable, so it should be carefully crafted by an attorney who knows what can and cannot be included in the document. The bottom line is that when you consult with an experienced family law attorney, they will advise you that child support may not be included in the agreement. They will also advise you of some allowable provisions you may not have thought of. Seeking legal advice for the prenuptial agreement process ensures that you and your family’s best interests will be protected.

Why Choose Kessler & Solomiany, LLC to Represent Me?

If you want a lawyer on whom you can depend to prepare your prenuptial agreement, you can’t do better than Kessler & Solomiany, LLC. Our highly-rated attorneys are dedicated to ensuring “positive results” for prenuptial agreements as well as for all of the areas covered by family law. The entire legal team is esteemed in Atlanta as well as in many communities in the area for the honesty and diligence we implement in every case we take on. Our attorneys lecture and participate in seminars in Georgia and nationally. These activities help legal professionals to keep up on initiatives in family law as well as general law.

Call the Family Law Attorneys at Kessler & Solomiany, LLC Right Now

If you and your soon-to-be spouse or domestic partner have decided to consult with a family law attorney about drawing up a prenuptial agreement, look no further than Kessler & Solomiany, LLC. Call (404) 688-8810 to speak with a member of our legal team today. You will be taking the important first step in the process of gaining peace of mind regarding your financial future.

During our no-obligation consultation, you will have the opportunity to share your concerns as well as your wishes for your future with an attorney. A carefully crafted prenup can build trust between the two parties. Rather than being a negative step in preparing for a marriage or union, a prenuptial agreement can lead to many positive outcomes.

Let us help. Call (404) 688-8810 today.