Premarital or Postmarital Agreements

Sometimes referred to as Antenuptial or Postnuptial Agreements, these contracts are becoming more popular, especially for 2nd marriages, or marriages between people who have high amounts of individual wealth. Some people are very disturbed by these types of agreements, but in many cases, they make perfect sense for both parties. If you have children from a previous relationship, you should consider entering into a premarital agreement before marrying, especially if you are older. You may ask why? One reason is simple. If you die, and leave no will, the state will decide how your assets are divided. You cannot write a spouse out of a will. In Georgia, will or no will, your spouse gets a forced one third share of your estate, even if you have been married for one day. Premarital Agreements, have many requirements to be valid. Please don’t try and write one yourself. Miles W. Rich is familiar with someone who did, and try as he did to enforce it, the Supreme Court ruled in a split decision that the purpose of the agreement was unclear, (divorce was not clearly spelled out), and because there was only one witness to the agreement, it was invalid. See Fox v. Fox, 291 Ga. 492, 494 (2012).

Some people are insulted when asked to sign a premarital agreement, but they should not be if it is discussed in ample time before the wedding. However, surprising your intended, and presenting such an agreement the week before the wedding is not just bad form, it shows a form of selfishness. Miles W. Rich believes that premarital agreements should be considered but they must be drawn in a fair and equitable way. What is fair and equitable depends on the individual circumstances of both parties. He will be happy to discuss these issues with you before your marriage.