Effect of Pre or Postnuptial Agreement on Divorce

While no couple wants to think their marriage will end in divorce, having a pre or postnuptial agreement helps to ensure you are protected. Depending on the terms laid out in this post or prenup contract, it can protect your both personally and financially, while limiting the potential for no long, drawn out legal battles take place.

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Ways Your Pre or Postnup Can Impact Your Divorce

Provided your pre or postnuptial agreement was entered into in accordance with Article 3 of the Georgia Domestic Relations Code, the terms you agreed to will dictate how your divorce is handled. Common areas addressed in a prenup include:

  • Division of marital property: Georgia is an equitable property division state, but this does not mean property is divided evenly. Depending on the circumstances, the judge may decide to award your spouse a greater share. With a marital agreement in place, you and your spouse will get the portion you previously agreed on.
  • Alimony: If a spouse earns significantly lower than the other, sacrificed their own career goals to support those of their partners, or left their position to raise a family, they may be entitled to alimony. If this was an issue addressed in your pre- or postnuptial agreement, the judge is required to abide by your decision.
  • Child custody: While child support and custody may not be dictated by a prenuptial or postnuptial agreement, yours may include using a collaborative process in making these arrangements.