Georgia law affords parties the right to contract in connection with and in contemplation of a marriage. These agreements are known as “pre-nuptial” or “ante-nuptial” agreements. The most common reason they are used is to protect property that one or both parties own prior to a marriage. Without such an agreement, depending on how these pre-marital properties are handled during the marriage, the property could be subject to equitable division. Thus, for those parties who have either been married before, or who are pragmatic in their approach to protecting their existing assets, it can be a useful tool to avoid an expensive divorce litigation process.
The law assumes that these agreements are drafted with each party being represented by independent counsel to ensure that the agreements are later enforceable. Ms. McCarthy can draft agreements for either the highly sophisticated pre-marital estate or for an individual who is merely concerned about protecting a single pre-marital asset.
In modern times, it is often worthwhile to discuss a party’s legal rights and ensure that parties entering into a nuptial union understand the ramifications of a divorce. Ms. McCarthy makes this consultation affordable and worthwhile. Call now for a free consultation.