In Georgia, prenuptial (prenup) and postnuptial (postnup) agreements are valuable legal tools for protecting assets before or during marriage. These contracts clarify how assets, debts, and property will be divided in case of divorce or death.

1. What is a Prenuptial Agreement?

A prenuptial agreement is a contract signed before marriage that outlines:
✅ Asset division in case of divorce or death
✅ Debt responsibility to protect one spouse from the other’s financial liabilities
✅ Alimony/spousal support terms
✅ Protection of business assets
✅ Inheritance rights for children from previous marriages

Pros of a Prenup

✅ Protects pre-marital assets (e.g., real estate, businesses, investments)
✅ Prevents court battles by defining asset division in advance
✅ Safeguards family businesses & inheritance
✅ Clarifies financial expectations between spouses

Cons of a Prenup

• Can feel unromantic or untrusting
• May not cover child custody or child support (Georgia courts decide based on the child’s best interest)
• Must be fair—unfair terms may be invalidated

2. What is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenup but is signed after the couple is already married. It can:

✅ Protect assets acquired during the marriage
✅ Outline debt division if one spouse accrues significant debt
✅ Define financial obligations if one spouse stops working
✅ Strengthen estate planning

Pros of a Postnup

✅ Useful if financial situations change after marriage (e.g., inheritance, business growth)
✅ Helps couples avoid disputes in case of separation
✅ Allows financial security if one spouse sacrifices a career for the family

Cons of a Postnup

• Courts scrutinize postnups more than prenups
• Can be harder to negotiate after marriage

3. Legal Requirements for Prenups & Postnups in Georgia

For a prenup or postnup to be valid in Georgia, it must:
✔ Be in writing and signed voluntarily (no coercion)
✔ Include full financial disclosure (hiding assets can void the agreement)
✔ Be fair and reasonable at the time of signing
✔ Be signed before witnesses and notarized

4. Can a Prenup or Postnup Be Overturned?

Yes, a Georgia court may invalidate the agreement if:

• It was signed under duress, fraud, or coercion
• One spouse failed to disclose assets
• The terms are extremely unfair (“unconscionable”)

5. Who Should Consider a Prenup or Postnup?

• Individuals with significant assets or inheritance
• Business owners protecting company interests
• People with children from prior relationships
• Spouses with unequal debt or wealth

Final Thoughts

✅ Prenups and postnups offer financial security and reduce legal conflicts in case of divorce.
✅ Georgia enforces these agreements if they are fair and properly executed.
✅ Consulting a family law attorney ensures your agreement is legally sound.