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we have been Drafting and preparing
prenuptial agreements for a very long
time now
we meet with one party even though we
communicate with both parties we meet
with one party we can only represent one
of the two
we prepare the documents we prepare the
uh agreements what the parties want to
agree to and then we allow the other
party to take it to another lawyer to
have it reviewed but essentially what
the prenuptial agreement is doing is
protecting the individual and their
assets a lot of folks are getting
married later in life
and so they have acquired homes and cars
and properties and vacation homes during
that time
and so although they are now attaching
themselves to another human being for
Life hopefully they want to be able to
protect those things in case things do
not work out
and so we advise folks even if you don’t
have any assets that it is best that you
go ahead and prepare a prenuptial
agreement because although you may have
started with not much or minimal things
change over the years you start to make
more money in your career you start to
acquire additional assets and here’s the
thing that upsets people most when I
represent them in divorces
the 401K
that is very upsetting to people because
whatever is accrued during the marriage
it is it is Up For Debate it is 50 50.
and some people say well I’m the one who
got up every day and went to work and
this other person didn’t go to work
so all of that money should be mine
that’s not the way it works
so if you want to protect your 401k or
your IRA then you want to include that
in a prenuptial agreement I will tell
you people don’t have any issues paying
child support
or even giving up a car or giving up
equity in the home but they very seldom
do I see someone say oh sure they can
have 50 of my 401k
and so that’s where that prenuptial
agreement matters what can’t be
addressed in a prenuptial agreement is
child support and child custody because
it is not for the individual parties to
decide it is for the maintenance of the
minor child and it is going to be based
on income
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Atlanta, GA family & immigration law attorney Judith Delus Montgomery talks about prenuptial agreements and when they should be considered.