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Prenuptial & Postnuptial Agreements
An ante-nuptial agreement, commonly referred to as a prenuptial agreement or “pre-nup,” is a contract entered into by a couple prior to marriage that divides the couple’s assets in case of divorce. See generally O.C.G.A. § 19-3-62. Many people associate prenuptial agreements with those who are very wealthy or famous, but anyone who wishes to protect his or her separate or pre-marital property in the event of divorce should consider entering into a prenuptial agreement prior to marriage. Prenuptial agreements are enforceable under Georgia law. Scherer v. Scherer, 249 Ga. 635 (1982). If a party enters into a prenuptial agreement...(click to continue reading)
Postnuptial agreements are similar to prenuptial or ante-nuptial agreements in that they are legal agreements entered into by both spouses during the marriage that spell out how assets or debts will be divided in the case of divorce or death. Essentially, these agreements are prenuptial agreements that are signed during the marriage, not before. A couple may want to seek a post-nuptial agreement for all of the same reasons that a couple would seek a premarital agreement. For example...(click to continue reading)
Similar to postnuptial agreements, reconciliation agreements are also entered into by both spouses during a marriage. However, reconciliation agreements are normally entered into after one or both spouses have filed for divorce but subsequently seek to reconcile. For example...(click to continue reading)