Some problems associated with divorce may be avoided by entering
into a Prenuptial Agreement before marriage. It is common for those
who have children from a previous relationship, or who are divorced, to
want limits on what will happen financially if they divorce again.
Generally, property acquired during a marriage is considered marital
property and may be divided if there is a divorce. "Equitable division"
does not mean equal division. Equitable means whatever a particular
judge or jury thinks is fair given what they hear at trial. Property
obtained before a marriage, may be considered separate property, or it
may become marital property, depending on how the property is
treated.
Prenuptial agreements offer one option for planning how property will
be treated when marriage ends, either in divorce, or by death of one
spouse. Though courts in the past have held some prenuptial
agreements to be unenforceable, recent Georgia law seems to be
taking a broader view in enforcing prenuptial agreements. It is very
important in making a prenuptial agreement to get current legal advice
from an attorney who knows the law is this area. The Law Office of
Julie Ernst-Fortin, PC, assists clients in determining what constitutes
marital property and strategies to minimize risk to separate property, as
well as prenuptial agreements.
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