Question: I'm getting married in a few months and I think I should get a prenuptial agreement. I've had a couple of friends who had prenups and when they divorced things went really smoothly and they didn't lose a ton of their assets that they spent years accumulating. They told me the prenup saved them a lot of time, a lot of money, and a lot of heartache. They said getting a prenup was the smartest thing they ever did.
I also have friends who got divorced without having a prenup. They really regret not getting a prenup. Because they didn't have a prenup they lost a lot of money, property and assets like stocks, bonds and mutual funds. They basically got crushed because they didn't have a prenup.
So I really think the smart move is to get a prenup. That's why I'm writing to a local prenup lawyer.
My situation is that I'm a doctor; I'm a surgeon here in Atlanta. I've been married before. I was married for about 26 years. But I admit I got bored and I met someone at a club in midtown. I think my fiancée's a great girl. I mean she's nice, pretty, and she takes great care of herself. We both like to work out, watch movies, T.V. shows, and she's fun to go shopping with. And she loves her wine! She's about 18 years younger than I am, but that's not a problem, I kind of like it.
She has two kids from a couple of prior relationships. Her ex-boyfriends don't pay any child support (I know one of them is in jail), but she has a job as a server at a restaurant and at a jewelry store. She used to be a stripper at a really classy club (the kind where they have a men's room attendant), but she doesn't do that now because she has to take care of her kids.
I've got assets and she doesn't and I just want to separate everything so if for any reason things don't work out between us, it will just be an easier divorce.
I told her about most of my assets, but I did leave a few things out. I didn't mention my bitcoins, some property in North Georgia, a building in Dunwoody, and a “muscle car” that I keep in a garage in Florida that's for an investment.
I need to know if I have to tell her about these items, or if I can keep them secret. I don't know why she needs to know about them because they have nothing to do with her and I bought them long before we even met. Now I think I need a lawyer for a prenuptial agreement.
D.P. in Atlanta, GA
Answer: For so many people in Georgia, a properly drafted prenuptial agreement (also known as an “antenuptial agreement”) is a condition of marriage. Many people will not get married without a written prenup in place. A prenup protects men and women from having to give up or lose assets to which they are entitled, assets the other spouse did not help them acquire.
A Prenup Offers Protections
Just about every day of the week we get calls from people thanking us for helping them with their prenup. Because it offers needed protections, security and peace of mind, many clients tell us it actually helps make their marriage stronger, better, and more loving. It helps alleviate any suspicions.
All Assets are Declared
To answer your question, you do need to declare all of your assets for the prenuptial agreement to be valid. In your case, you will need to identify your bitcoins, your property interests, and your collectible muscle car, as well as any stocks, bonds, bank accounts, and investment holdings. If assets are not identified, the prenup can be ruled invalid.
Of course, just like you, your fiancée will have to identify all of her assets. As Georgia prenup lawyers, we have seen instances that when both parties disclose their assets, the party who thinks they have greater assets is actually surprised to find he or she has fewer assets than their fiancée.