If you are thinking about what should be included in a marriage agreement, you must be safe and cover all bases. Assuming that your agreement is reasonable and fair to both parties and complies with the legal requirements of Section 3 of the Georgia Domestic Code, there are a variety of conditions that you can include. It should be noted the most important areas: if you and your future spouse have already drafted, signed and registered a marriage agreement with the court and you later decide that you wish to change the terms of the notice contract, you generally have the right to do so. If certain conditions are met and this is not contrary to an ongoing contract, your lawyer may eventually make an endorsement to the original. As with Prenups, both parties should retain a Georgian lawyer experienced in developing marriage contracts to protect their interests. If the above standards are met, your marriage contract is applicable. It is not necessary for these contracts to be developed by a marriage agreement lawyer, but whether the possibility of retaining counsel was granted prior to signing could be an enforcement issue. 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. A marriage pact is a contract entered into by two people who think about marriage and it comes into effect with marriage. To be valid in the State of Georgia, a marriage agreement signed by both parties in the presence of a notary and two witnesses would have to be written. A marriage agreement may be challenged at a later date if it was signed on the basis of fraud, coercion or error or if it was too unilateral and unfair at the time of its copy. 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. A marital agreement is a practical way to address important issues in a marriage that ensures the safety and peace of mind of both spouses. Pre-marriage agreements must be carefully crafted by a competent and experienced lawyer from the Atlanta Pre-Wedding Society to ensure that they are valid and applicable if they are ever needed.
Keep reading about why many couples choose to enter into a marriage or post-uptial agreement in Georgia and contact Buckhead Family Law if you are in the Atlanta area and consider the benefits of a prenupe in your next marriage. Parties who hold significant property before marriage generally make marital arrangements. In the event of a divorce, these parties attempt to separate these assets from the matrimonial assets. Checking a marital or post-ascending agreement by a lawyer is essential to ensure that the document meets your needs, and also that it is declared valid and enforceable in court if it is ever necessary. At Buckhead Family Law, we negotiate, design and verify marital and postuptial agreements with a close eye. We take the time and attention to understand your needs and make sure you get the deal you want. Call our family practice at 404-600-1403 to discuss your marriage or post-uptial agreement with a competent and experienced pre-contract lawyer in Atlanta.