Pre and Post-Nuptial Agreements Attorney in Atlanta, Georgia

What are prenuptial agreements and when should they be considered?

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we have been Drafting and preparing

prenuptial agreements for a very long

time now

we meet with one party even though we

communicate with both parties we meet

with one party we can only represent one

of the two

we prepare the documents we prepare the

uh agreements what the parties want to

agree to and then we allow the other

party to take it to another lawyer to

have it reviewed but essentially what

the prenuptial agreement is doing is

protecting the individual and their

assets a lot of folks are getting

married later in life

and so they have acquired homes and cars

and properties and vacation homes during

that time

and so although they are now attaching

themselves to another human being for

Life hopefully they want to be able to

protect those things in case things do

not work out

and so we advise folks even if you don’t

have any assets that it is best that you

go ahead and prepare a prenuptial

agreement because although you may have

started with not much or minimal things

change over the years you start to make

more money in your career you start to

acquire additional assets and here’s the

thing that upsets people most when I

represent them in divorces

the 401K

that is very upsetting to people because

whatever is accrued during the marriage

it is it is Up For Debate it is 50 50.

and some people say well I’m the one who

got up every day and went to work and

this other person didn’t go to work

so all of that money should be mine

that’s not the way it works

so if you want to protect your 401k or

your IRA then you want to include that

in a prenuptial agreement I will tell

you people don’t have any issues paying

child support

or even giving up a car or giving up

equity in the home but they very seldom

do I see someone say oh sure they can

have 50 of my 401k

and so that’s where that prenuptial

agreement matters what can’t be

addressed in a prenuptial agreement is

child support and child custody because

it is not for the individual parties to

decide it is for the maintenance of the

minor child and it is going to be based

on income

Atlanta, GA family & immigration law attorney Judith Delus Montgomery talks about prenuptial agreements and when they should be considered.

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