Thinking about getting a prenuptial agreement in Georgia? Congrats—it’s a smart move. Not only to protect your individual financial security, but also to align you and your spouse prior to marriage. Getting a prenup facilitates tough conversations around debt, money management, retirement, death, and so much more. But, is a lawyer required in Georgia to create a valid agreement? What about if you just hire one attorney? We answer all of these questions about the prenup lawyer requirements in Georgia and much more. Let’s dive in.
Is a lawyer a legal requirement for a prenuptial agreement in Georgia?
No, hiring a lawyer is not a prerequisite for a valid and enforceable prenup in Georgia. However, each party must have the opportunity to consult with independent counsel prior to signing the agreement. (Blige v. Blige (2008)). This means that each fiancé must have enough time to hire a lawyer if they want one. In other words, if someone is presented with the prenup a day before the wedding, without the opportunity to hire a lawyer, this could be considered not having the opportunity to consult with legal counsel and result in an invalid prenup.
Can only one partner hire a lawyer for a prenup in Georgia?
Yes, it is possible for only one partner to hire a lawyer for a prenup and have it hold up in a Georgia court. For example, in Barron v. Pritchett (2024), the court upheld a prenup where the wife had an attorney but the husband did not. Because the husband knowingly chose not to seek legal counsel, he had an adequate opportunity to hire a lawyer (which is required in Georgia). The court ruled that legal representation is not required for both parties for enforceability as long as each party had the opportunity to consult a lawyer.
Bottom line? It is usually considered best practice for both parties to hire a lawyer, but it’s not a requirement, and prenups where only one person hired a lawyer may be enforced in Georgia.
Can we share a lawyer?
No, parties to a prenuptial agreement cannot share a lawyer. They must have independent legal counsel. One attorney cannot adequately represent both fiancés to a prenup because each party has opposing interests. For example, if one party would benefit from alimony while the other person would not benefit from paying it, it would be difficult for the attorney to advocate for both parties at the same time adequately.
Can one partner pay for their partner’s prenup attorney?
Yes, as long as they do not coerce their partner to choose a certain lawyer. People cannot be coerced into signing a prenuptial agreement or be forced to choose a specific attorney. They need a meaningful choice in the lawyer who represents or advises them.
For example, in Mallen v. Mallen (2005), the Georgia Supreme Court upheld a prenuptial agreement despite several challenges from the wife. The wife had her own attorney (which was paid for by the husband), though the attorney said he didn’t have time for a thorough analysis before the wedding. The court found this did not invalidate the agreement, as the wife had opportunities to ask questions, request changes (which were granted), and could have sought another attorney but chose not to. Bottom line? The court emphasized that paying for a partner’s lawyer does not make the agreement unenforceable, as long as the party had a fair opportunity to consult counsel and was not coerced.
Can I write my own prenup?
Yes, it is possible to write your own prenuptial agreement and have it hold up in a Georgia court. However, you still need to follow all of the legal requirements for a valid agreement, just like a lawyer-drafted prenup. This means the agreement must be:
- In writing and signed
- Witnessed by two witnesses
- Notarized
- Both partners provide full financial disclosure
- Both partners enter into the agreement voluntarily
- The agreement must not be unconscionable (i.e. grossly unfair)
As long as these requirements are met, there’s no law prohibiting writing your own prenuptial agreement in Georgia.
What are the benefits of a prenup lawyer?
If lawyers aren’t technically required, why hire one? Great question! Hiring a lawyer for your Georgia prenup can help increase the chances of enforceability of the agreement. Having a lawyer shows a court that each party understood what they were signing, knowingly waived each right, and voluntarily entered into the agreement. In addition, having a lawyer allows you to ask questions, ensure you understand the terms, and get a fair bargain (for both parties). It can be the ultimate peace of mind that not only is your agreement legally sound, but it’s tailored to your needs.
How much do prenup lawyers cost in Georgia?
The average lawyer in Georgia charges around $286 per hour (as of 2023). Prenup lawyers in Georgia typically charge by the hour, so it’s hard to estimate exactly how much your prenup would cost because it depends on your unique situation. Factors like the complexity of your finances, the amount of negotiations that take place, and the depth of your requests for the contract all come into play.
Some prenup cases are quick and easy to accomplish because the couple is aligned and their finances are simple. This prenup would likely cost less than a prenup with more complex circumstances.
According to a 2024 survey of family law attorneys, the average national cost of a prenup for both partners was $8,000.
The bottom line on the lawyer requirement for a valid prenup?
The big takeaway from this is that lawyers are not required for a valid prenup in Georgia, but they can help! In addition, even though lawyers are not required, the opportunity to hire a lawyer is required. This means each party must have enough time to hire a lawyer if they want one. If only one of you wants to get a prenup, that’s potentially okay, but best practice is typically for both parties to have a lawyer. And don’t think about sharing one! This is off-limits. But paying for your partner’s lawyer? Totally okay, as long as you don’t coerce them to hire a specific lawyer. So, with all of that said, you can knowledgeably start your prenup process, whether you go the lawyer route or not. Happy planning!
Suzanne grew up in Connecticut, but headed south for college where she graduated cum laude from Emory University before conquering law school. When Suzanne is not advocating for her clients she is an avid runner with 2 marathons and countless half-marathons under her belt. She is a food and wine enthusiast who enjoys cooking, and she reserves her Fall Saturdays for Bulldog football and tailgating in Athens. Suzanne and her husband Ryan live in Smyrna, Georgia with their two children, Conner and Bronwyn, and their Chocolate Labradoodle named Penny.
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