Prenuptial Agreement Attorney in Johns Creek & North Atlanta
A prenuptial agreement is a private contract between two people planning to marry. It defines how assets, debts, and support will be handled if the marriage ends. The goal is not to plan for failure. It is to remove financial uncertainty from the marriage so both parties enter with clear expectations and a shared understanding of what protected separate property looks like.
For most couples in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, and the surrounding North Atlanta area, a prenup is a financial planning conversation that produces a written agreement. For couples with significant premarital assets, business interests, expected inheritance, or professional practices, it is one of the most important legal documents they will sign.
Get a Prenuptial Agreement That Holds Up
Attorney David Tannen has drafted prenuptial agreements for North Atlanta families since 2002. Every agreement is built for enforceability.
Free 30-minute consultation. Confidential. We respond by call or text within 2 hours during business hours.
Atlanta Prenuptial Agreements Quick Facts
- Cost: $3,000 flat fee, standard agreement (see pricing).
- Timeline: Standard agreements take 1 to 2 weeks from first meeting to signed agreement; expedited timelines are available for an additional fee.
- Must be in writing: Oral prenups are not enforceable.
- Both parties need lawyers: Not legally required, but strongly recommended.
- Full financial disclosure required: Each party must disclose all assets, debts, and income. Hidden finances can void the agreement.
- Cannot address child custody or child support: Provisions attempting to predetermine these issues will not be enforced.
What Does a Georgia Prenuptial Agreement Cover?
A prenup defines what stays separate when the marriage ends and what future assets will be treated as separate property. If you own a home before marriage, a prenup ensures it remains yours. If you have a retirement account, an expected inheritance, or an investment portfolio, the prenup prevents it from being classified as marital property subject to division at divorce. If you start a business or buy a home in your name alone after the marriage, the prenup can establish that the asset remains separate.
In our practice, separate property protection is the most common reason couples come to us for a prenup. Without an agreement, appreciation in premarital assets during the marriage can become subject to division. The prenup draws a clear line.
Separate Property Protection
A prenup defines what stays separate when the marriage ends and what future assets will be treated as separate property. If you own a home before marriage, a prenup ensures it remains yours. If you have a retirement account, an expected inheritance, or an investment portfolio, the prenup prevents it from being classified as marital property subject to division at divorce. If you start a business or buy a home in your name alone after the marriage, the prenup can establish that the asset remains separate.
In our practice, separate property protection is the most common reason couples come to us for a prenup. Without an agreement, appreciation in premarital assets during the marriage can become subject to division. The prenup draws a clear line.
Business Interests
For North Atlanta business owners and professionals, this is where prenups matter most. If you own a business, a professional practice, a partnership interest, or equity in a closely held company, whether at the time of marriage or expected to be acquired after, a prenup can establish that the property remains separate, protected from claims at divorce.
Without a prenup, a high-asset divorce involving a business can result in the business being treated in whole or part as marital property subject to division. The valuation of that business becomes a contested fight, and the final outcome ends up in a judge’s hands. A prenup avoids that scenario by setting the framework before the marriage begins.
Spousal Support
Prenups can address alimony: whether it will be paid if the marriage ends, how much, for how long, or whether it is waived entirely. Spousal support is otherwise one of the most unpredictable areas of divorce because outcomes are heavily discretionary. Agreeing on terms before marriage removes that uncertainty.
Debt Protection
A prenup can specify that each party remains responsible for debts brought into the marriage and that debts taken on during the marriage by one party stay that party’s responsibility. This protects you from becoming liable for your spouse’s financial obligations if the marriage ends.
What a Prenup Cannot Do
Provisions attempting to determine child custody, waive or limit child support, or contain terms that encourage divorce will not be enforced. In our practice, we focus the agreement on what is enforceable: separate property, marital property treatment, debt allocation, and spousal support terms. We do not waste drafting time on provisions that will not hold up.
What Makes a Georgia Prenup Enforceable
The difference between a prenup that protects you and one that gets voided at divorce comes down to four factors. We draft every prenup to satisfy all four.
Voluntary execution. Both parties must sign voluntarily, without coercion, pressure, or ultimatum. Presenting a prenup the night before the wedding, or conditioning the marriage on signing without adequate time for review, creates a duress argument that can void the entire agreement. Best practice is to present the prenup well before the wedding and give the other party time to retain their own attorney and negotiate.
Full financial disclosure. Each party must disclose all assets, debts, income, and financial obligations. If one party hides a bank account, understates business income, or fails to disclose a debt, the entire agreement can be voided. We prepare detailed financial disclosure schedules that attach to every prenup we draft.
Independent legal counsel for each party. Independent counsel is not legally required, but a prenup signed by a party who did not have their own attorney is easier to challenge. We recommend and actively encourage independent counsel for both parties on every prenup engagement.
Fair terms at the time of signing. The agreement cannot be so one-sided at signing that it becomes unconscionable. A prenup that leaves one party destitute while the other retains millions is vulnerable to challenge. Fair does not mean equal. It means both parties are treated reasonably given their respective financial positions.
How the Prenup Process Works at Tannen Law Group
Initial consultation, 30 minutes, free. We discuss your assets, your concerns, and what you want the prenup to accomplish. We assess complexity and provide a fee estimate before you commit.
Financial disclosure preparation. Both parties compile complete asset, debt, and income information. We prepare the disclosure schedules that attach to the agreement.
Drafting. We draft the agreement based on your instructions and the financial disclosures. The draft is detailed, specific, and written to withstand challenge. We do not use template prenups. Every agreement is built for the specific couple’s financial situation.
Execution. Both parties sign in front of a notary. We recommend signing well before the wedding to eliminate any duress argument.
Total timeline from first meeting to signed agreement is typically 1 to 2 weeks for standard prenups. Complex agreements involving business valuation, trust analysis, or multi-state property may take longer.
Schedule a Prenup Consultation
We explain what your prenup needs to cover, what it cannot cover, and what it will cost. Honest assessment, no pressure.
(470) 560-7798 | Schedule online
Free 30-minute consultation. No obligation.
When is a Prenup the Right Tool?
We calibrate our recommendation to your specific situation. A prenup is the right tool when one or both parties bring meaningful premarital assets into the marriage: a home, a retirement account, a business, an expected inheritance, or a professional practice. It is also the right tool when one or both parties want to define spousal support terms in advance rather than leaving them to a future judge.
A prenup is not the right tool for every engaged couple. Couples with limited assets, no business interests, similar income, and no expected inheritances may not need an agreement at all. We tell you that in the consultation if it applies to your situation. We do not sell agreements people do not need.
If you and your fiancé have a meaningful asset imbalance, a family business in the picture, or substantial separate property worth protecting, a prenup makes sense. If you do not have those circumstances, we tell you honestly.
Frequently Asked Questions
Common questions about divorce in Georgia.
How much does a prenup cost in Georgia?
Standard prenuptial agreements at Tannen Law Group are a $3,000 flat fee. Complex agreements involving business valuation, trust analysis, or multi-state property may have an additional cost. See pricing, or get a specific estimate during your free consultation.
Can a prenup be overturned in Georgia?
Yes, if a court finds it was signed under duress, without complete financial disclosure, or with unconscionable terms. This is why proper drafting matters. A prenup prepared with full disclosure, independent counsel for both parties, adequate time for review, and fair terms is difficult to overturn.
Does a prenup mean we will get divorced?
No. Prenuptial agreements are financial planning tools, not predictions about the marriage. They remove uncertainty about what would happen if the marriage ends, which often reduces financial anxiety during the marriage. Many couples we work with report that the prenup conversation brought them closer because it forced honest financial discussions they might not have had otherwise.
Can a prenup address adultery?
Prenups can include infidelity provisions that impose financial consequences for affairs during the marriage. These are enforceable when drafted carefully and supported by the rest of the agreement.
Do both parties need their own attorney for a prenup?
Georgia does not require it, but we strongly recommend it. A prenup signed by a party without independent legal counsel is more vulnerable to challenge later. When both parties have attorneys, the agreement reflects genuine negotiation and informed consent, and is substantially harder to challenge.
When should we start the prenup process?
Best practice is to start at least 30 to 60 days before the wedding. This allows time for financial disclosure, drafting, review by both parties, and notarized signatures well before the ceremony. Starting in the week before the wedding creates time pressure that can be used to argue duress later. Call (470) 560-7798 to get started.
What happens if my fiancé refuses to sign a prenup?
You have a few options. You can negotiate the terms until both parties are comfortable. You can decide not to use a prenup and rely on default treatment of property if the marriage ends. Or you can decide the disagreement is significant enough to revisit the marriage timeline. We help couples work through the negotiation when there is room for it.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Protect What You Have Built
A prenuptial agreement drafted by an experienced attorney protects your assets, your business, and your financial future without creating conflict in the relationship. We draft prenups to be conversations, not confrontations.
Attorney David Tannen has drafted prenuptial agreements for North Atlanta families since 2002.
Your Free Consultation Includes:
- A review of your assets and what the prenup should protect.
- A specific fee estimate based on your situation's complexity.
- An enforceability assessment so you know the agreement will hold up.
Schedule your free 30-minute consultation online
Confidential. No obligation. We respond within 2 hours during business hours.
Considering a postnuptial agreement instead? Learn about postnups in Georgia.
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097