Bullet points for Prenuptial Agreements

Melody Z. Richardson, Member, Pachman Richardson, LLC

by Mary Welch, Editor

August 20, 2007

Along with bouquets and bridal gowns, pre-nups are quickly becoming a rite-of-passage for blissful couples getting ready to tie the knot. Family attorney Melody Richardson explains what you need to know when preparing this valuable contract.

• The prenuptial agreement must be agreed upon and signed before the wedding. Georgia does not recognize post-nuptial agreements entered after the marriage unless there is valid consideration for the contract, such as reconciliation after separation.
  

• Prenuptial agreement negotiations are not always joyous. Make sure the terms are negotiated long before the wedding date so as not to interfere with the happy event or feel undue pressure to concede to provisions with which you are not comfortable.
  

• If you already own your home, discuss with your attorney all the options and ramifications if the mortgage is paid down during the marriage and how the proceeds from any future sale of the home will be handled.
  

• If you continue working after the marriage and contribute to any type of retirement plan, make sure your prenuptial agreement addresses what portion, if any, of the retirement plan will be marital property subject to equitable division.
  

• Your prenuptial agreement can address any issue you wish, so long as it meets all of the requirements to be enforceable. Do not hesitate to discuss with your lawyer all issues you wish included in your prenuptial agreement.

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Melody Z. Richardson
Member
Pachman Richardson, LLC

Melody Richardson is a founding partner of Pachman Richardson, LLC, where she practices exclusively family law. She is an active member of the Collaborative Law Institute of Georgia and the Family Law Sections of both the State Bar of Georgia and the Atlanta Bar Association.

She currently serves as chair-elect on the board of the Family Law Section of the Atlanta Bar Association and has been on that board since 2001. Richardson was recognized by her peers as a Georgia Super Lawyer in 2007. Richardson is a barrister of the Charles Longstreet Weltner Inn of Court and is the former editor of the Atlanta Bar Family Law Section Newsletter.

Richardson is a trained mediator and frequently serves as a Guardian ad Litem in contested custody matters. She attended Emory University and attained her law degree from the University of Georgia in 1985, where she served on the managing board of the Georgia Law Review.