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Protecting Your Future and Your Peace of Mind
Marriage is both a personal commitment and a legal partnership. For individuals entering marriage with assets, business interests, or financial complexity, a prenuptial agreement can provide clarity, protection, and peace of mind.
At The Fairell Firm, we represent clients throughout Georgia who want thoughtfully drafted prenuptial or
postnuptial agreements that are enforceable, tailored, and aligned with their long-term goals.
Prenuptial Agreement Representation in GA
A prenuptial agreement is a legally binding contract entered into before marriage that defines how certain financial matters will be handled during the marriage and, if necessary, in the event of divorce or death. When properly drafted, a prenup can reduce uncertainty, limit future conflict, and preserve financial autonomy for both spouses.
We routinely assist clients who are:
- Entering marriage with significant premarital assets
- Business owners, entrepreneurs, or professionals with variable income
- Individuals with family wealth, inheritances, or trusts
- Couples seeking financial transparency and risk planning before marriage
What a Georgia Prenuptial Agreement Can Address
Under Georgia law, prenuptial agreements may cover a wide range of financial issues, provided the terms are lawful and do not violate public policy. Depending on your circumstances, your agreement may address:
- Identification and classification of premarital assets
- Treatment of income earned during the marriage
- Ownership and division of business interests
- Responsibility for premarital and marital debts
- Protection of assets for children from prior relationships
- Spousal support provisions, where appropriate and enforceable
We work closely with you to ensure the agreement reflects your actual financial landscape rather than relying on generic or one-size-fits-all templates.
Georgia Enforceability Requirements
Not every prenuptial agreement is enforceable. Georgia courts closely examine these contracts, particularly when enforcement is challenged. To maximize enforceability, a prenuptial agreement must meet specific statutory and case-law standards, including those set forth in O.C.G.A. § 19-3-62.
Key enforceability considerations include:
- Written Agreement & Proper Execution
The agreement must be in writing and signed by both parties. It must be properly attested by at least two witnesses, one of whom must be a notary public. - Full and Fair Financial Disclosure
Each party should provide an accurate and complete disclosure of assets, liabilities, and income. Material omissions or misrepresentations may undermine enforceability. - Voluntary Consent
The agreement must be signed freely and without coercion, duress, or last-minute pressure tied to the wedding date.
Legal Capacity
Both parties must have the mental and legal capacity to enter into a binding contract.
Addressing Modern Assets and Complex Finances
Many prenuptial agreements fail because they do not account for how people actually earn, store, and grow wealth today. Our firm regularly drafts agreements that address:
- Cryptocurrency and digital wallets
- Intellectual property, trademarks, and copyrights
- Online businesses and digital revenue streams
- Equity interests, profit distributions, and licensing income
Child Support and Custody Limitations
A prenuptial agreement cannot control every aspect of family law. Under Georgia public policy and statutory authority, including legislative developments such as SB 454, courts retain exclusive authority over child support and child custody determinations.
As a result:
- Child support cannot be waived in a prenuptial agreement
- Parties cannot set binding child support amounts that bypass Georgia guidelines
- Custody and parenting arrangements cannot be conclusively predetermined
Our role is to ensure your agreement focuses on permissible financial matters while avoiding provisions that could jeopardize enforceability.
Postnuptial Agreements in Georgia
If you are already married, it is not too late to establish financial protections. A postnuptial agreement serves a similar function to a prenuptial agreement but is executed during the marriage.
Clients often pursue postnuptial agreements after:
- Starting or acquiring a business
- Receiving an inheritance or family gift
- Experiencing significant income changes
- Seeking to clarify financial expectations mid-marriage
We draft postnuptial agreements with the same level of care, disclosure, and strategic foresight required for enforceability under Georgia law.
Our Approach to Prenuptial Agreements
At The Fairell Firm, we understand that these conversations are personal and often sensitive. Our process is designed to be professional, discreet, and efficient.
Clients can expect:
- Confidential, secure communication, including a protected client portal for document exchange
- Clear guidance on legal requirements and practical risks
- Efficient drafting timelines that respect upcoming wedding dates
- Firm but empathetic advocacy, grounded in experience and precision
We prioritize clarity, balance, and long-term stability in every agreement we draft.
Speak With a Georgia Prenuptial Agreement Lawyer
A prenuptial or postnuptial agreement is not about planning for failure. It’s about planning responsibly, reducing uncertainty, and entering marriage with informed consent and financial clarity.
If you’re seeking experienced Georgia prenuptial agreement counsel who understands modern assets, enforceability standards, and the realities clients face, we invite you to contact
The Fairell Firm to schedule a consultation.
