Fredericksburg, VA asked in Divorce and Family Law for Georgia

Q: I am writing to get legal guidance regarding martial assets & individual assets.

My mother is 60 years old and recently engaged with the plan of marrying soon. I really do not know her fiance well and trying to be proactive to ensure that her assets, meaning her home and vehicle, which are paid off, social security benefits and retirement is secure in case they get divorced or death. Will her assets be excluded from martial property? Please provide guidance. Thanks.

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3 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: She needs to consult an attorney to obtain a prenuptial agreement so her assets are protected.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: My colleague is correct. The best way for her to protect herself in this regard is to consult with an attorney and have a prenuptial agreement created. That way, her assets are protected if something happens.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: They would only be excluded if she has a prenuptial agreement that states that. Otherwise there is no guarantee that those items would be off the table if something happened in the new marriage. She should consult with an attorney who can help her with the appropriate course of action to protect her interests.

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