Today, more and more couples are entering into pre-nuptial agreements (also referred as antenuptial agreements) than ever before. This is partly due to the fact that, in many cases, both parties are employed and bring assets into the marriage. Typically, parties want to define their rights and obligations concerning support and assets, in the event that the marriage does not work. Issues of custody, visitation and child support are generally not addressed in a prenuptial agreement.
Preparation of a pre-nuptial agreement is not as simple as “he keeps what he has and she keeps what she has.” There are many other factors that must be considered in the drafting of such an agreement, including but not limited to the following:
- What happens if the parties sell the respective premarital houses and buy another one after they are married? How would the equity be divided?
- Should a spouse receive the same amount of support if the marriage lasts three months, three years, or 30 years?
- What liabilities are each party bringing into the marriage?
- Has one party assisted the other party in increasing the value of a separate, non-marital asset?
Kupferman & Golden, Attorneys at Law, has prepared numerous pre-nuptial agreement and can assist you in planning one. This firm can only represent you in this endeavor, and cannot represent the other party, in order to avoid a conflict of interest.
As there are many details that are being addressed as your wedding date approaches, it is best to start the process of discussing and/or preparing the pre-nuptial agreement ahead of time. Often, the preparation and communication that accompanies the pre-nuptial agreement can help couples define and express their expectations of their upcoming marriage. This preparation and communication can save substantial amounts of time, money, and strife in the future.
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From offices in Atlanta, Kupferman & Golden, Attorneys at Law, advises and represents clients in communities throughout Fulton County, Gwinnett County, Cobb County, DeKalb County, and Forsyth County, Georgia. Contact our offices to arrange a free consultation with one of our firm’s experienced Atlanta divorce attorneys today.