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Prenuptial Agreement Georgia Statute

Postado por uffadmin em 17/maio/2023 - Sem Comentários

A prenuptial agreement, also known as a prenup, is a legal agreement that couples sign before getting married. The agreement outlines how assets and debts will be divided in the event of a divorce. In Georgia, prenuptial agreements are governed by state law, which sets out specific requirements that must be met for the agreement to be valid and enforceable.

Georgia statute requires that a prenuptial agreement must be in writing and signed by both parties. The agreement must also be executed voluntarily, without coercion or undue influence, and with full disclosure of each party`s assets and liabilities. Furthermore, the agreement cannot be unconscionable, meaning that it cannot be so one-sided that it would be unfair to enforce.

One important thing to note is that the prenuptial agreement cannot address child custody or child support issues. Those matters are left to the discretion of the court, which must consider the best interests of the child in making decisions.

It`s also worth mentioning that a prenuptial agreement can be challenged in court if one party can prove that it was signed under duress or that there was not full disclosure of assets and liabilities. Therefore, it`s important for both parties to consult with their own respective attorneys when drafting and reviewing the agreement to ensure that it meets all legal requirements and protects their interests.

In summary, if you`re considering a prenuptial agreement in Georgia, it`s essential to be aware of the state`s laws and requirements. The agreement must be in writing, signed voluntarily, and include full disclosure of assets and liabilities. Working with experienced attorneys can help ensure that the agreement is legally valid and protects both parties` interests.

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