Margaret Gettle Washburn, P.C.
(770) 676-1191
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Reasons to consider a prenuptial agreement

Some people in Georgia who are getting married might want to create a prenuptial agreement. This can have a number of advantages in case people divorce or one person dies. For example, for people who own a portion of a family business, a prenuptial agreement can help ensure it stays in that family. People who enter the marriage with other significant premarital assets may also want a prenuptial agreement so that if they divorce, those assets are not considered shared marital assets.

A prenup can prevent a person from having to pay a spouse's debts acquired before the marriage in a divorce. It can also protect a couple if they move from Georgia to a community property state such as California and get a divorce there. In a community property state, most property acquired after marriage is considered shared marital property and may be divided equally.

If one or both people have a business, a prenup may protect that business. Without it, a spouse may have a claim on a business after the end of a marriage despite not owning or running it.

The couple might have to negotiate property division or go to court to have property divided if they do not have a prenup or if the prenup is successfully challenged. A lack of sufficient legal counsel for one spouse is one reason that a prenup could be set aside. However, whatever the circumstances of the divorce, negotiating may help the couple stay more in control of the final outcome than going to court would. People may have the attorneys do the negotiating for them if they prefer. It can be tempting to rush through negotiations to get the process over with, but it is important for people to think about their financial well-being over the long term during these negotiations.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
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