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How do I know if my prenup is enforceable?

Entering into a prenuptial agreement can be an effective way to protect and manage finances in the event of a divorce. The document can lay out what happens with property division, debts and alimony payments. But your prenuptial agreement must adhere to Georga laws for it to hold up in court.

If you do not have a valid marital contract, all your work may be for nothing. Here is a general overview of how to create an enforceable prenuptial agreement in Georgia.

State law requirements

Georga has its own law regarding marital contracts; it does not adhere to the Uniform Prenuptial Agreement Act. The law spells out what is necessary for a prenup to be valid:

  • The document must be in writing - no oral agreements.
  • Two witnesses must watch both spouses sign the document, then sign it themselves.
  • Both spouses must be old enough to marry.
  • Both spouses must be mentally competent.
  • Spouses must not be married to another person or related to one another.
  • Both spouses must have the opportunity to talk to an attorney about the document before signing.

Additionally, both spouses must list their assets in the agreement or an attached document. Once you sign the agreement, you should file it with the county superior court clerk within three months.

What makes a prenup invalid

If you get a divorce, the judge will determine whether your prenup is enforceable. She or he may throw out agreements made through fraud, mistake or duress. Additionally, if either of you misrepresents or refuses to disclose important facts, the document may not hold up. The judge may also deem the agreement unreasonable or unfair if there has been an extreme change in circumstances since the creation of the agreement. 

Making a prenup can be a smart thing to do, but you must make sure you do it correctly.

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