Sound advice and aggressive representation to protect your property rights in a prenuptial agreement
Negotiating a prenuptial agreement may not be the most romantic party of wedding planning, but for many couples it’s as necessary as renting the reception hall. The skilled attorneys at The McGarity Group, LLC can help you draft a secure prenup that protects your interests.
Should you and your spouse have a prenuptial agreement?
Most couples do not want to think about formalizing a marital agreement. But, more often than not, a prenuptial agreement makes sense, especially for older couples who have accumulated property or debt. Consider these situations:
- One party is entering the marriage with significant debt.
- There is a significant disparity in wealth between the parties.
- Either or both parties want to ensure inheritances for their children from prior marriages.
The knock against a prenuptial agreement is that it prepares the couple for divorce when they should be working for the success of their marriage. However, when circumstances like those above exist, the marriage can begin under a financial strain, which weakens the couple’s bond as time goes on. However, when the couple settles these financial questions at the outset, that tension is relieved, so their marriage begins on a more positive note with much less anxiety.
When you need a prenuptial agreement, a Buford family lawyer at our firm will handle it with sensitivity and provide the clear written guidelines needed to avoid future disagreement.
Duluth family law attorneys challenge prenuptial agreements
Prenuptial agreements (as well as postnuptial agreements drafted during the marriage) are designed to protect assets in the event of divorce. If the couple divorces, the prenup will dictate how property is distributed. However, a disgruntled spouse can always try to challenge the prenup, and in many cases will have grounds for the court to declare it invalid. Grounds for challenging a prenup or postnup include:
- Fraud or misrepresentation —This occurs most often when one party fails to make financial disclosures or gives low valuations of certain assets, so the other party agrees without knowing how much wealth has been excluded from the marital estate.
- Lack of true negotiation — Each party should have their own attorneys to guarantee open and honest negotiation. When one party says, “I’ll take care of it and have my lawyer draw it up,” that’s a sure sign of trouble. This is especially true when one party lacks financial sophistication or has a disadvantage with the language.
- Duress — Parties must have time to review the agreement and decide without outside pressure to sign. When one party suddenly demands a prenup on the eve of the wedding — “or else the whole thing is off!” — the court will probably find that the other party was under duress and did not sign voluntarily.
- Agreement is unconscionable — The court will not enforce an agreement that unjustly enriches one party while leaving the other destitute.
The knowledge we acquire litigating marital agreements informs our approach to drafting them. We provide the sound advice and process you need to execute a valid agreement that stands up to court scrutiny.
Contact our Metro-Atlanta family lawyers for answers about prenuptial agreements
A well-executed prenuptial agreement can relieve a great deal of anxiety as you enter into marriage. The McGarity Group, LLC gives your agreement the personal attention it deserves. To schedule a consultation with an experienced divorce lawyer, call our Buford or Braselton office today at 770.863.7404 or contact us online.
The McGarity Group helps their clients with all prenuptial agreement related matters throughout Metro-Atlanta including the cities of Buford, Duluth, Atlanta, and Lawrenceville.
About the Firm
The McGarity Group, LLC is located in Buford, Georgia and serves clients in and around Metro Atlanta and throughout the State of Georgia.
5328 Lanier Islands Parkway
Buford, Georgia 30518