Prenuptial agreements are actually a very complex legal document and there are specific limitations to them. A person needs to be aware of these limitations before he or she creates such an agreement. The best way to get a valid agreement is to find an experienced prenuptial agreement attorney.
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Creating a valid prenuptial agreement
1. Creating a
Valid
Prenuptial
Agreement
Prenuptial agreements are actually a very complex legal
document and there are specific limitations to them. A
person needs to be aware of these limitations before he or
she creates such an agreement. The best way to get a valid
agreement is to find an experienced prenuptial agreement
attorney. There are a few basic points to a prenuptial
agreement:
First a prenuptial agreement will have to be typed and
followed a specific format. It will have to be notarized and
should be prepared by an attorney to be valid. Those do it
yourself prenups that you can find online and elsewhere may
or may not be legal. The reason for this is that the law in
every state is different. Such an agreement may not be valid
under Georgia law.
There are also some things that cannot or should be in a
prenup. Something to remember is that the law is constantly
changing so these limitations could change at any time.
What cannot be in a prenuptial agreement?
● Custody of children
● Specific details of child rearing including instructions
about religion, education, etc.
● Visitation to children
● Child support
2. ● Instructions that are thought to encourage divorce. This
is a real tricky one because its interpretation is often
left to a judge’s discretion.
What can be in a prenuptial agreement?
● Division of community or other property
● Ownership of property
● Responsibility for debts including those incurred before
marriage
● Financial responsibilities
● Alimony Payment
● The state where in the agreement is valid.
● Ownership or division of the couple’s home.
● How disputes related to the agreement will be dissolved
for example arbitration.
● A sunset clause that states the agreement will expire if
the couple is married for a certain amount of time.
Something you should be aware of is that courts can
invalidate prenuptial agreements. Agreements created by an
experienced family law Attorney in Atlanta will be more
likely stand up in court. An attorney may also be able to find
exceptions to some of these rules. Or to include specific
actions or items that would not other be allowed.
It is also possible to challenge a prenuptial agreement so it
is always a good idea to make sure one is valid by having it
drawn up by an experienced attorney. If you are considering
a prenuptial agreement you should definitely consult an
attorney about one. It could make your life a lot easier.
Click on the links below for more information:
http://www.knclawfirm.com/atlanta/prenuptial-agreement-
attorneys/
http://www.knclawfirm.com/atlanta/