Guidelines for Ensuring Enforceability of Prenuptial Agreements
Prenuptial agreements protect your rights and assets in the event of a divorce, but to be effective, it must be properly drafted. To ensure any marital contract you create stands up in court, follow our prenuptial agreement checklist:
- Date Of Agreement To Terms: To lessen the appearance of duress, the earlier your agreement is signed the better. Under Section 19-3-67 of the Georgia Domestic Relations Code, your prenuptial agreement must be recorded with the court clerk within three months of signing to be effective.
- State Laws: In addition to recording requirements, your prenup must adhere to all other state laws pertaining to marital contracts.
- Separate Attorneys: To ensure impartiality, you and your soon to be spouse should have your premarital agreement reviewed by your own, individual attorneys.
- Asset And Debt Worksheets: To avoid conflicts over undisclosed assets and liabilities that could later jeopardize enforcement, be sure and fill out all financial disclosure worksheets thoroughly.
- Accurate And Up-To-Date Asset Values: It is important to get an accurate assessment of the current value of assets at the time your antenuptial agreement is signed, as these values are likely to fluctuate over the course of your marriage.
- Separate Liquid Assets: Any liquid assets you and your future spouse possess, such as joint saving or checking accounts, should be separated prior to when your prenuptial agreement is made.
- Witnesses: To comply with attestation requirements listed under Section 19-3-63 of the Georgia Code, your prenuptial agreement must be signed by two witnesses.