Does a Prenup Have Priority Over a Will in Georgia?

Georgia Family law recognizes both prenuptial and postnuptial agreements. Commonly called a prenup, a prenuptial agreement is a contract that couples enter into before marriage to clarify what separate premarital property, debts, and assets are. While often wrongly viewed as "planning for divorce," many couples recognize that a solid, well-constructed prenup can strengthen a marriage by opening the doors of communication and having clear expectations before marriage. A postnuptial agreement is entered into after a couple has married. Georgia family law court generally does not recognize child custody or support agreements in a prenup, but Georgia courts do recognize prenuptial agreements.

Like a prenup, a Georgia will must be signed by both parties to be valid. Most attorneys will agree that even if you have a valid prenup, you also need a will to plan for the distribution of your assets.