Some engaged couples are reluctant to get into a prenup. A person may be reluctant to ask their fiancée to sign a prenup because they think it would violate the marriage or undermine trust between the parties. In reality, a prenup can not only relieve the pain of a possible future divorce, but also strengthen trust between the parties and strengthen the marriage. The main purpose of a marriage contract is, of course, to specify in detail how marital property is treated after the dissolution of the marriage (and, hopefully, protected when the agreement is established). A carefully crafted futures agreement contains a full statement of the benefits, assets and liabilities of each party at the time of implementation of the agreement. Such information contributes to a party later asserting that it was not aware of its spouse`s net wealth or earning capacity when the applicability of the agreement is called into question. It is not uncommon for a marriage agreement to limit, justify or even eliminate support in the event of a divorce. Sometimes the prenups outline subdivision provisions in certain clauses. The amounts are correlated to acts or activities committed by one of the spouses.
A reconciliation agreement is a kind of post-marriage contract, a prenupe after marriage, which a couple who previously considered divorcing enters. Voting agreements can address issues related to the allocation of assets, assets and debt, as well as issues related to the child rights regime. The Spurlin v. case Spurlin, 289 Ga. 818 (2011) highlights the types of situations in which a reconciliation agreement may be desirable. In this case, the wife sought divorce from her husband. After admitting to having an extramarital affair, the couple later reconciled and lived together again before the divorce was concluded. There are certain things that cannot be included in marital agreements, which are usually things that go against public policy. For example, a marital agreement that promotes divorce (for example. B a financial incentive for divorce) could lead to the repeal of this specific provision or perhaps even the whole agreement. In addition, in the event of divorce, child custody or custody provisions are generally not permitted in marriage contracts, as the courts have the final say on these matters. Although divorce is the last thing for a couple when they are considering getting married, sometimes with the certainty of knowing what happens in the event of a divorce can be a stress reduction.
That`s where marital agreements come in. A marital agreement that can also be characterized as a pre-marital or antenuptial agreement can outline a large number of important points, including: If the above standards are met, your marriage contract is enforceable. Many people have misconceptions about what a marital agreement (sometimes called Prenup). Most of the time, marital agreements are designed to protect the interests of existing children or partners in family businesses. As with Prenups, both parties should retain a Georgian lawyer experienced in developing marriage contracts to protect their interests. You don`t need to be a Hollywood celebrity or a millionaire banker to enjoy a prenup. Many people who enter into a second marriage, have children from previous relationships or have family property find it useful. Often, it is very positive for everyone to clearly understand their rights and duties from the beginning.