Kitchens, New & Cleghorn, LLC

Top Atlanta Family Law and Prenuptial Agreement Attorneys
(678) 262-2275 | info@persilylaw.com | www.persilylaw.com

Every couple is unique, and thus every Georgia prenuptial agreement should be individually written to satisfy the unique situations of every particular couple. With that being said, however, there are a number of common provisions and clauses that appear in a good number of prenuptial agreements in GA.

The first is a choice of law clause.  A choice of law clause simply says that, if the GA prenuptial agreement is taken to court, a certain state’s law will apply.  That state’s contract and divorce law will then apply to the interpretation of the Georgia prenup and how it is enforced.

Why does this matter?  Let me give you an example.  Suppose a gets married and executes a prenup in Georgia – an “equitable distribution” state.  The couple then moves to Tennessee and files for divorce a few years later in Texas – a “community property” state.  Whose law applies, Texas or Georgia?  The marriage and the prenup were in Georgia, but the divorce proceedings are in Texas.  If the prenup says that Georgia law applies, then the Texas courts will use Georgia family law to interpret and enforce the prenuptial agreement.  Because Texas and Georgia treat the division of property so differently in divorce, the choice of law could mean the difference of tens of thousands of dollars.  In modern society where people move all the time, such a clause can save time, money, and sanity in the event of a divorce.

Another common clause in Georgia prenup agreements is a “sunset provision.”  This clause puts a time limit on the prenup.  For example, both parties could choose to have the agreement expire after 10 years of marriage or expire on the birth of the first child.  The theory is that as the marriage evolves over time, any marriage contract should also.

Prenuptial agreements in Georgia also often include provisions relating to inheritance, alimony, and other financial matters.  For example, two people entering a second marriage might execute a prenuptial agreement that waives their inheritance rights so that children from a first marriage have their inheritance rights protected.

Please note that these are only some common provisions in a prenuptial agreement in Georgia.  They do not have to be in yours.  Every marriage is unique and every couple is different.  For this reason and many others, we strongly recommend you consult with an experienced Georgia family law attorney to create the prenup that is right for you.