Litigation Avoidance & Preplanning

The best way to avoid the emotional trauma and financial devastation of a divorce or separation is to make appropriate plans at the beginning of the relationship. For parties living together who are not married, a Domestic Partnership Agreement is a wise choice. For parties getting married or who have been recently married, a Prenuptial or Postnuptial Agreemant is an option.

Premarital & Postmarital Agreements

A Premarital Agreement, also know as Prenuptial Agreement, is a binding contract addressing the financial events that will occur in the event of a divorce, separation or the death of a party. In Georgia, these contracts can address asset and debt division, separate property, spousal support, and housing provisions. Custody and visitation issues cannot be binding because those issues are based on the circumstances at the time and the best interests of the children.

Premarital Agreements are especially helpful for second marriages and blended families. One or both spouses may have children from a previous relationship and wish to make provisions for their first family while blending with another.

Postmarital or Postnuptial Agreements operate the same way as premarital agreements but are executed after the marriage of the parties.

Domestic Partnership Agreements

While Georgia law does not currently recognize domestic partnerships as a legal relationship, many Atlanta-area companies and organizations do.  If you are a member of Georgia’s large community of non-traditional couples and reside with your partner, it is important that you have legal agreements in place to protect your interests.  Partnership agreements can be helpful in any domestic living situation where the parties are not married, including two relatives, cohabitating couples, and roommates.

The agreement is a contract that defines distribution of property and finances if there is a change in the living arrangements.  The contracts may address:

• Real estate
• Finances
• Visitation of children
• Wills and trusts
• Name changes

A partnership agreement is very similar to a prenuptial agreement in that it clearly defines the practical aspects of the relationship. It outlines the financial expectations of each party as they contribute to the relationship and defines the division of assets and use of the residence if the relationship must dissolve.

While marriage is an option for most couples, it is not always the chosen path. If you choose not to marry, you should protect the rights and assets of your relationship.