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GEORGIA
PRENUPTIAL AGREEMENTS
Georgia Prenuptial Agreements are formally referred to as Antenuptial Agreements, and they are written contracts that couples sign before marriage that allow them to decide on and control their marital rights. Sections 19-3-60-19-3-66 of the Georgia Code Ann. set forth the requirements for entering into a legally enforceable Georgia Antenuptial Agreement, including the content that can and cannot be included in a premarital contract.
When a Georgia couple gets married without a written premarital agreement, they have basically agreed to have their rights determined by a default set of marital and divorce laws that they might not understand, and which may not suit their needs and goals. In contrast, a written Georgia Prenup Agreement enables couples to negotiate and agree on the terms that will govern their property rights and obligations during the marriage, and what happens if the marriage ends by divorce of the death of either spouse.
Importantly, you must have sufficient “nexus” to Georgia to justify having a Georgia premarital agreement (e.g., one party lives or owns property in Georgia, you are getting married in Georgia, or you are moving to Georgia).
The terms of a prenup agreement are very personal. There is not a “one size fits all” standard Georgia prenup agreement template that will work for every couple. Every couple getting married is unique, with different goals and needs.
DID YOU KNOW? A Georgia premarital agreement is a private document between a marrying couple, and no one else. A Georgia Antenuptial Agreement does not get filed with any local, state or federal agency, and couples often choose to keep the terms confidential.
Cost of a GA Prenup
FLAT-FEE GEORGIA PRENUP PACKAGE - $1,395
Attorney-drafted, customized Georgia prenuptial agreement package prepared by experienced Georgia prenup attorneys. Includes consultation, drafting, revisions, and signature guidance for engaged people seeking a legally enforceable Georgia prenup agreement.
WHAT'S INCLUDED:
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PRENUP PLANNING CONSULTATION. Your attorney will schedule a call with you to explore the terms to include in your prenup that will best fit your needs, and answer any questions you may have. This conversation is a critical part of the process because your input is what allows us to draft a custom agreement for your specific situation.
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FAST TURNAROUND. Your draft will be completed and sent to you for review within a couple of business days after we get all of the information we need to prepare your customized premarital agreement.
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PRENUP REVIEW CONSULTATION. After you and your fiancé have had the opportunity to read and discuss your prenuptial agreement, you will schedule a follow-up call with your attorney. During this call your attorney will answer any questions, make sure you understand the document, and discuss any changes that may be needed. Multiple revisions are included in the flat-fee price.
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PRIVACY. The information you share and everything you discuss with your attorney is protected by the attorney-client privilege.
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A CUSTOMIZED, READY-TO-SIGN PRENUP. Your attorney will make any changes needed to finalize your prenuptial agreement based on the follow-up call, and send it to you for signature.
Mediated Prenup Cost
FLAT-FEE GEORGIA MEDIATED PRENUP PACKAGE - $845 per client
Georgia Mediated Prenup services for engaged couples seeking an efficient and transparent mediator-led process. Includes mediation sessions, drafting, revisions, and final agreement preparation.
WHAT'S INCLUDED:
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PRENUP PLANNING MEDIATION. Your Prenup Mediator will have a call with both partners to explore the terms to include in your prenup, and we will openly discuss options and the pros and cons and legal effects of various approaches. Through this collaborative mediation process, both of you will have the opportunity to provide your input and voice your concerns and you will work together towards a prenup that works for both of you. The mediation conversations are confidential and are a critical part of the process because, your input is what allows us to draft a custom Mediated Prenup agreement for your specific situation.
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FAST TURNAROUND. Your draft will be completed and sent to you for review within a few days after we get all of the information we need to prepare your customized premarital agreement.
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PRENUP REVIEW CONSULTATION. After you and your partner have had the opportunity to read and discuss your prenuptial agreement, you will schedule a follow-up call with your mediator. During this call your mediator will answer any questions, make sure you understand the document, and discuss any changes that may be needed.
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PRIVACY. The information you share and everything you both discuss with your mediator is strictly confidential.
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A CUSTOMIZED, READY-TO-SIGN PRENUP. Your mediator will make any changes needed to finalize your prenuptial agreement based on the follow-up call, and send it to you for signature. We will also provide detailed instructions on how to properly execute the final prenup and what to do with it after. If either party wants us to send the agreement to their independent legal counsel for review and/or to make changes, we will be happy to do so.
GEORGIA ANTENUPTIAL AGREEMENT TERMS
From a big-picture perspective, the content and terms of Georgia prenups are generally driven by a couple’s desire to “opt out” of certain default Georgia marriage laws that would otherwise determine their marital rights, and which might lead to fighting in the event of a divorce.
Georgia premarital agreements are usually written to allow a couple to agree on marital rights and divorce terms that:
(1) Supersede the Georgia marital laws that automatically make them lose the financial independence that they enjoyed (and are used to) before marriage; and
(2) Replace and pre-resolve the divorce laws that create unnecessary conflict that often forces spouses to lawyer up and battle it out in court.
A divorcing couple that entered into a Georgia Antenuptial Agreement has a contract that provides certainty as to their rights, minimizes conflict, hostility, and legal costs. A well-drafted prenup is like a roadmap that helps both spouses find the path of least resistance and conflict amidst the emotional turmoil of the separation and divorce process. Signing a written premarital agreement also provides some certainty as to their marital and divorce rights under Georgia law.
If you are engaged to be married and interested in learning more about Prenuptial Agreements in Georgia, please accept our invitation to schedule a free consultation with a Prenup Pros attorney or mediator 1-6 months before your anticipated wedding date.
SHOULD WE CONSIDER A
GEORGIA PRENUP?
Unfortunately, many marriages don’t have a fairytale ending. According to analysts and attorneys:
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41% to 50% of first marriages end in divorce
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60 to 67% of second marriages end in divorce
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About 74% of third marriages fail
Responsible adults routinely prepare for disasters as an obvious part of their everyday lives, but they generally protect against catastrophic events that have less than a 5% chance of occurring. With the chances of a “marital disaster” approaching 50% or higher, it might be worth at least considering the pros and cons of a GA prenup.
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