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Family law issues: Make sure to consider these in a prenup

For some Georgia couples, the decision to execute a prenuptial agreement is an easy one. Both parties agree that some financial issues need to be delved into and decided prior to the marriage. When considering all of the issues that need to be covered, it might be helpful to have some understanding of the family law issues that could arise in the event of a divorce.

For example, pets are still considered property when it comes to the law even though many people view them as members of the family. If a couple wants to ensure that pets receive more consideration than their couch or home, what happens to both current and possible future pets could be included in the prenuptial agreement. Just as with children, the parties could decide to share "custody" along with the expenses of caring for the pets.

Then there is the issue of debt. Few people are debt free these days, and what happens to those separate debts during the marriage needs to be addressed. Most people consider their separate assets and forget to address their debts. The parties could agree that the debts each partner brings into the marriage will go with them if the marriage ends.

These are just two of the issues that Georgia couples may need to address as they negotiate their prenuptial agreements. Those who wish to know what other issues they may not be considering would greatly benefit from discussing the matter with a family law attorney. In addition to ensuring that all issues are discussed and dealt with, it would be a good idea to make sure that any agreement the parties come to will not be invalidated by a court in the event of a divorce.

Source:, "The 6 Things You're Forgetting to Include in Your Prenup (From a Divorce Lawyer)", Jaimie Mackey, July 29, 2017

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