Creating a Valid

Prenuptial Agreement

Prenuptial agreements are actually a very complex legal document and there are specific limitations to them. A person needs to be aware of these limitations before he or she creates such an agreement. The best way to get a valid agreement is to find an experienced prenuptial agreement attorney. There are a few basic points to a prenuptial agreement:

First a prenuptial agreement will have to be typed and followed a specific format. It will have to be notarized and should be prepared by an attorney to be valid. Those do it yourself prenups that you can find online and elsewhere may or may not be legal. The reason for this is that the law in every state is different. Such an agreement may not be valid under Georgia law.

There are also some things that cannot or should be in a prenup. Something to remember is that the law is constantly changing so these limitations could change at any time.

What cannot be in a prenuptial agreement?

● Custody of children ● Specific details of child rearing including instructions

about religion, education, etc.● Visitation to children● Child support

● Instructions that are thought to encourage divorce. This is a real tricky one because its interpretation is often left to a judge’s discretion.

What can be in a prenuptial agreement?

● Division of community or other property● Ownership of property● Responsibility for debts including those incurred before

marriage● Financial responsibilities ● Alimony Payment● The state where in the agreement is valid.● Ownership or division of the couple’s home.● How disputes related to the agreement will be dissolved

for example arbitration.● A sunset clause that states the agreement will expire if

the couple is married for a certain amount of time.

Something you should be aware of is that courts can invalidate prenuptial agreements. Agreements created by an experienced family law Attorney in Atlanta will be more likely stand up in court. An attorney may also be able to find exceptions to some of these rules. Or to include specific actions or items that would not other be allowed.

It is also possible to challenge a prenuptial agreement so it is always a good idea to make sure one is valid by having it drawn up by an experienced attorney. If you are considering a prenuptial agreement you should definitely consult an attorney about one. It could make your life a lot easier.

Click on the links below for more information:http://www.knclawfirm.com/atlanta/prenuptial-agreement-attorneys/

http://www.knclawfirm.com/atlanta/