Marietta Prenuptial Agreement Lawyers

Last updated on May 5, 2026

If you are planning to be married soon, you may be wondering if a prenuptial agreement is right for you and your soon-to-be husband or wife.

Engaged people often inquire at Hill Macdonald, LLC, about the value and potential effects of a prenuptial agreement. Particularly when one or both fiancés have children from a previous marriage or own a business, it is certainly advisable to speak with a Marietta prenuptial attorney about the legal consequences of joining forces financially through marriage.

Rising divorce rates in the U.S. demand that you take precautions to protect yourself legally in case your marriage does not survive.

The experienced attorneys at our firm are well-prepared to advise engaged couples regarding premarital agreements.

Marietta Prenup Drafting Attorneys: More Than 50-plus combined years experience

Romantic considerations aside, marriage is a contract. If you enter into the contract and that marriage breaks up, a court will have the authority to determine the terms under which it is dissolved. A stranger who is not involved in your welfare will be able to make decisions regarding division of assets, alimony and the religious upbringing of your children.

A prenuptial agreement can prevent this scenario by documenting terms to your marriage contract that you both agree on.

What Can And Cannot Be Included In Your Marietta Prenup And Enforcement Of The Agreement

While certain items cannot be incorporated into a prenuptial agreement, such as child custody, important agreements regarding child rearing can be clearly articulated beforehand through prenuptial agreements. Indeed, prenuptial agreements can be useful tools for premarital planning. In many instances, prenuptial planning can help to avoid divorce down the road because potential disputes have already been resolved.

Georgia’s laws regarding prenuptial agreement enforcement have been updated in recent years. There are now more stringent requirements regarding financial disclosures. In the event of a dispute, courts will look for evidence that a spouse entered into a prenuptial agreement with full knowledge of what he or she was giving up rights to. Were there hidden assets? Were retirement funds fully disclosed? Did the spouse make an informed decision?

You Could Renegotiate if Your Prenuptial Agreement is Lopsided

Many high wage earners go into their marriages with ideas about how they can protect their assets. Usually, prenuptial agreements come up as a way to protect their earnings, retirement and assets.

It’s reasonable to use a prenuptial agreement to protect yourself, but if your prenuptial agreement is too one-sided, it may be challenged when you go through a divorce.

One thing that courts do look at is how lopsided a prenuptial agreement is. Keep in mind that prenuptial agreements are meant to protect both parties in some way.

When the provisions in a prenuptial agreement are considered to be “ridiculous” or “extreme,” then a judge may decide to throw them out and to work with the case as if a part or all of the prenuptial agreement never existed.

Most judges will look past individual contracts, because those are between you and your spouse. However, there are some issues that can draw attention and lead to the prenuptial agreement being invalidated. Some might include:

• Provisions stating that you won’t pay child support
• Provisions stating that your spouse won’t get any support if they gained weight or changed their hair color
• Illegal requests
• Child custody arrangements
• Agreements that go against public policy or that incentivize divorce

If you think that your prenuptial agreement has provisions that might be seen as too extreme, you have some options to consider.

• You may decide to negotiate with your spouse directly and see if they’re happy with a settlement that is a little less one-sided. For example, if your original prenuptial agreement said they’d walk away with only their original property, you might decide to offer to pay them out based on the equity of a property that grew during the marriage.
• You can also take a stance that your prenuptial agreement should remain valid, and in that case, fight to be able to maintain it as it is. You should know your legal options in advance, so you can decide how to approach the risk of your prenuptial agreement being thrown out.