Answer: We understand fully the awkwardness the issue of presenting a prenuptial agreement at the honeymoon phase of a relationship. Having said that, the benefits of a good prenuptial agreement are significant to the high-asset individual. They’re going to provide them an opportunity to protect their assets if they go through the process correctly, present the other side with a full disclosure of the facts and of the assets, and to give them a chance to vet it. This is the best way to protect your assets moving forward is to be pre-emptive and to consider these things before problems occur.
Of course, we understand that oftentimes parties don’t anticipate these things and they come to us after the fact. And what we have to do is work with the foundations that we have to prove that these assets, these high net worth assets, have not been co-mingled; that the character of them has not changed just because the parties have been married, whether it’s for a short period of time or for a significant period of time. So, we look to the character of the properties, we try to show that those properties are still separate in nature, and we try to protect them.
Having said that, even where property is not subject to equitable division, it’s important to keep in mind that under Georgia law those assets can still be awarded in the form of alimony. It’s an uncommon step to take, but the courts can do it in the interest of creating an equitable outcome. So, we look to that, we anticipate that as a possible argument, and we try to preempt it based upon the contributions of the parties to the marriage. So, all these factors are relevant in a divorce proceeding. What we do is we look to the facts, we build a case, and we understand fully what the court’s factors are going to be and the factors that they are going to consider in an eventual equitable distribution of the assets.And we anticipate them and we argue your case thoroughly.