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What Can a Prenuptial Agreement NOT Do for Me?

While entering into a prenuptial agreement can be a positive and beneficial step for many couples, it cannot address all of the issues that may be disputed at the time of a divorce. For instance, a prenuptial agreement generally cannot decide issues related to the parties’ children. Child support cannot be predetermined, as the factors that affect child support may be significantly different at the time of a divorce, as opposed to the time that the prenuptial agreement is executed by the parties.

Similarly, a custody determination must be made at the time of the dispute, not what may be years in advance of a divorce. There is no way to predict what events can occur or conditions might be present at the time of a custody dispute in the distant future. Therefore, child custody is not an issue that the parties can predetermine.

Prenuptial agreements also will not be effective to protect a spouse’s separate property if he or she takes certain actions during the marriage to change the property into marital property. If you combine marital funds with separate funds, for instance, or use marital funds to improve a piece of real estate, those assets may take on the classification of marital assets rather than separate assets, despite what a prenuptial agreement may say. For this reason, a prenuptial agreement is not always iron-clad when it comes to separate property, if the parties choose to commingle it with marital property.

A Georgia family law attorney can make all the difference in giving you the knowledge necessary to make informed decisions about executing a prenuptial agreement. In this situation, an experienced divorce attorney who knows the ins and outs of military divorce law is best.  

Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.

Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.