A common reason for a couple to create a marital agreement in Georgia is when there is a big difference in the income and wealth of the two people who go to marriage. The easiest person may want to make sure that they will not be exploited in the event of a divorce, while the less well-off person wants to make sure they are being cared for. Another reason a party protects pre-marriage assets is when the person owns or co-owns a business with others. A pre-marriage agreement, commonly referred to as a « marriage contract » or « prenup, » is a pre-marriage contract between the couple`s property in the event of a divorce. See General O.C.G.A. 19-3-62. Many people associate marital agreements with those who are very prosperous or famous, but anyone who wishes to protect their separate or pre-marital property in the event of divorce should consider entering into a conjugal agreement before marriage. Marital agreements apply under Georgian law. Scherer/. Scherer, 249 Ga. 635 (1982). If a party reaches a marriage agreement, it is very likely that after the divorce, the presidential court will approve the agreement and include it in the parties` final divorce decree.
However, the court has broad discretion in this area and may refuse the application of the marital arrangement of the parties based on the court`s analysis of the agreement according to the following criteria: The guidelines for the definition and application of a matrimonial agreement are defined in the Georgian Code of Domestic Relations. To be valid in a future divorce action, your Prenup must not infringe on the rights of third parties, pre-buyers or creditors and fulfill these qualifications: we advise you to establish a marriage pact in due course before your wedding date, in order to give yourself, plan and ensure that romance is not removed from the big day. Each party should keep a lawyer to protect its interests. There are certain things that cannot be included in marital agreements, which are usually things that go against public policy. For example, a marital agreement that promotes divorce (for example. B a financial incentive for divorce) could lead to the repeal of this specific provision or perhaps even the whole agreement. In addition, in the event of divorce, child custody or custody provisions are generally not permitted in marriage contracts, as the courts have the final say on these matters. Many people have misconceptions about what a marital agreement (sometimes called Prenup).
Most of the time, marital agreements are designed to protect the interests of existing children or partners in family businesses. To protect themselves in the event of a new separation, the couple entered into a reconciliation agreement that addressed, as a preventive measure, the issues of division of spousal property, child support and custody.