Talking about a prenuptial agreement is not exactly romantic, but it is practical. If you live in Georgia and you or your partner own a home, have savings, own a business, or expect an inheritance, taking time to plan ahead can protect both of you if life ever takes a turn you do not expect.
At Barnhart Family Law, we help engaged and newly married couples across Atlanta and North Atlanta suburbs create clear, fair prenuptial agreements that fit their real lives, not just legal theory.
Table of Contents
- What is a prenuptial agreement in Georgia?
- What a Georgia prenup can do for you
- What a prenup cannot do under Georgia law
- Who should consider a prenup in Georgia?
- How to get a prenuptial agreement in Georgia
- How long does a prenup take?
- Prenups for high income earners and business owners
- Common prenup myths in Georgia
- How a prenup can reduce conflict if you divorce
- When to talk to an Atlanta prenup lawyer
What is a prenuptial agreement in Georgia?
A prenuptial agreement, often called a “prenup,” is a written contract that two people sign before they get married. In Georgia, a valid prenup says what will happen with your property, debts, and sometimes spousal support if the marriage ends in divorce or death.
Think of it as a financial roadmap. It does not mean you expect your marriage to fail. It simply means you want clarity and protection if divorce ever becomes part of your story.
Many of the same questions that come up in high net worth divorce cases such as business ownership, investments, retirement accounts, and real estate can be addressed in advance through a clear prenuptial agreement.
What a Georgia prenup can do for you
Every couple is different, but most prenuptial agreements in Georgia focus on a few key areas:
- Property owned before marriage. You can agree that certain assets will remain your separate property if you divorce, such as a house you bought before the engagement, a rental property, or an investment account.
- Property you inherit or receive as a gift. You can decide how inheritances or large gifts will be treated so they do not accidentally become marital property.
- Business interests. If you own a business, a prenup can help protect your ownership and set expectations about how any growth will be shared or not shared if the marriage ends. This works hand in hand with the issues we see in Georgia asset division during divorce.
- Debts. You can decide in advance who will be responsible for certain debts such as student loans, credit cards, or business loans, instead of leaving that question open for a judge later.
- Spousal support (alimony). You may be able to set expectations about whether either spouse will receive support and in what amount, as long as the agreement is fair and meets Georgia’s legal standards.
- What happens if one of you dies. A prenup can sometimes coordinate with your estate plan to make sure children from a prior relationship are protected while your spouse is still cared for.
The goal is not to “win” or “lose.” The goal is to agree on the rules in advance, with enough time and information that both people feel informed and respected.
What a prenup cannot do under Georgia law
In Georgia, a prenuptial agreement is powerful, but it is not unlimited. There are important boundaries:
- It cannot decide child custody or child support. A judge must always focus on the child’s best interest at the time of divorce. You can talk about hopes and values in your relationship, but you cannot lock in custody terms years in advance.
- It cannot be grossly unfair. If a prenup is very one sided, was signed under pressure, or was based on incomplete information, a judge may refuse to enforce some or all of it.
- It cannot hide assets or debts. Both people need to fully disclose their financial situation before signing. Hidden accounts or debts can cause problems later.
- It cannot encourage divorce. Agreements that clearly incentivize divorce, or try to limit basic rights, may be challenged.
A well drafted Georgia prenuptial agreement respects these limits and is written in a way that is more likely to hold up in court if it is ever needed.
Who should consider a prenup in Georgia?
There is a common idea that prenups are only for celebrities. In reality, many Georgia couples can benefit from a thoughtful agreement, especially if:
- You or your partner own a home, condo, or other real estate before the wedding.
- One of you owns all or part of a business.
- There is a big difference in i