Divorce separates assets and re-defines financial relationships. That process can be uncertain. Prenuptial Agreements seek to pre-define how marital dissolution will be handled. Some couples feel that resolving these issues on the front end makes the marital relationship more stable and therefore less likely to dissolve.
In a Prenuptial Agreement, the individuals identify all of their assets to the other, in writing, so that everything is on the table, fully disclosed. Further, the couple expresses how they will resolve financial issues in the event of a divorce. Will alimony be paid? If so, how much and for how long? How will the property issues be resolved?
These issues most often arise when something has occurred in the marriage which has raised the specter of divorce, but the couple have decided it preferable to remain together, under terms which set out how the parties will behave and what the financial arrangements will be, both during the pendency of the marriage and, in the event of a breach of the Postnuptial Agreement, in the event of divorce.
Division of Marital Assets & Debt
Atlanta Lawyers Handling Property Division in a Divorce
Property division is often one of the most contentious parts of a divorce, but at Sailers & Associates, we believe in taking a commonsense approach to these disputes. We guide and counsel our clients through the divorce process, protecting their interests by helping them make smart decisions about property division.
Our Hapeville firm uses our experience to achieve this, even in the most complex situations. We handle division of a wide range of marital property, including the marital home, vacation properties, family-owned businesses, pensions, and investments.
It is not always easy to predict exactly how a judge will divide marital property, but our in-depth knowledge of the local courts as well as our skillful negotiation strategies can help you work toward achieving your goals.
Georgia Property Division Law
Under Georgia law, all property acquired during the marriage is shared marital property except for property received by individual gift or inheritance. Each spouse is entitled to an equitable share of marital property regardless of which party holds title to the property.
"Equitable" does not always mean equal, although it is often 50/50. Equitable means that the judge involved in your divorce case will attempt to divide your marital assets and debt in a way that is fair to both sides. For this reason, it is critical that you have a strong advocate on your side — someone who can skillfully explain to the judge your situation and your rights to important marital assets