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Prenuptial Agreements

Can a prenup cover child custody?

No. Under Georgian law, prenuptial agreements strictly cover property relations between spouses. Issues regarding child custody and support are decided by the court based on the child's best interests.

Is a prenup mandatory in Georgia?

No, it is voluntary. If you do not sign one, the default "community property" regime of the Civil Code applies (50/50 division of marital assets).

What if we don't get married after signing?

A prenuptial agreement only becomes effective upon the official registration of the marriage. If the wedding is called off, the contract is void.

Can foreigners sign a prenup in Georgia?

Yes. It is highly recommended for international couples to clarify which country's laws apply to their assets, especially if they own property in multiple jurisdictions.

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Prenuptial Agreements: Protection and Peace of Mind

A prenuptial agreement, commonly known as a "prenup," is a written contract between future spouses entered into before marriage registration. Its main purpose is to pre-determine the couple's property rights and obligations both during the marriage and (especially) in the event of divorce. In Georgia, prenuptial contracts were traditionally less popular, but in recent years, with rising financial awareness, more couples are choosing this pragmatic way to avoid conflicts.

Without a contract, any property acquired during marriage automatically becomes community property and is split equally (50/50) upon divorce, regardless of whose money was used to buy it. A prenuptial agreement allows you to alter this "default" rule and tailor it to your individual needs. This is particularly important if you already own substantial assets, run a business, or have children from a previous marriage. Legal.ge offers a service where experienced lawyers will help you draft a balanced and legally sound agreement.

What Does a Prenuptial Agreement Cover?

Specialists on Legal.ge ensure that your agreement covers all critical aspects:

  • Asset Segregation: Defining what counts as "personal property" (not divisible) and what as "common property." For example, an apartment bought during marriage but with your savings can remain your personal property.
  • Business Interests: Guarantees that company shares, management rights, and dividends will remain with the spouse who manages the business and will not become subject to division.
  • Alimony Issues: Pre-agreeing on whether one spouse will pay spousal support to the other after divorce and in what amount (unlike child support, spousal maintenance can be waived or fixed).
  • Debts and Credits: Protection from debts incurred by the spouse. The agreement can stipulate that each party is liable only for their own debts.
  • Inheritance: Defining property rights in case of a spouse's death to protect the interests of children from a previous marriage.

Common Scenarios and Real-World Examples

A prenuptial agreement is necessary in many situations:

  • Business Owners: An entrepreneur does not want their ex-spouse to receive 50% of the company and interfere in management upon divorce. The contract sets a compensation amount in exchange for the share.
  • Unequal Financial Status: One spouse is much wealthier than the other. The contract protects the wealthy party from asset loss while providing a guarantee (compensation) to the less wealthy party upon divorce.
  • International Couples: When spouses are citizens of different countries, the contract can determine which country's law will apply to their property (e.g., Georgian or US law).

Georgian Legal Framework

Prenuptial agreements are regulated by the Civil Code of Georgia. The law establishes several mandatory requirements:

  • Form: The agreement must be in writing and notarized.
  • Effective Date: An agreement entered into before marriage becomes effective only from the moment of marriage registration.
  • Restrictions: The agreement cannot restrict a spouse's legal capacity or contain conditions that place one spouse in an extremely difficult position. Also, it is impermissible to alter parental rights and duties regarding children (e.g., waiving child support).

Step-by-Step Service Process

Cooperating with a lawyer from Legal.ge involves:

  1. Consultation: Analyzing the couple's wishes and assets.
  2. Developing Terms: Writing down individual points (who gets what).
  3. Drafting: Creating a legally sound text.
  4. Review and Adjustment: Both parties review the document and clarify details.
  5. Visit to Notary: Signing and certifying the agreement.

Why Choose Legal.ge?

Discussing a prenuptial agreement can be awkward, but it is a mature and responsible step. Legal.ge offers discreet and professional service. Our lawyers will help ensure this process is not "planning for divorce" but rather a "guarantee of financial peace." Start your life together with a clean slate and clear rules — find a specialist on Legal.ge.

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