As the new year kicks off in Atlanta, engagement season is in full swing. From holiday proposals in Midtown to romantic getaways in Buckhead, many high-earning professionals—especially in the booming “Silicon Peach” tech sector—are exchanging rings and envisioning bright futures. But with Atlanta’s thriving startup scene, fintech innovators, and major players like Google, Calendly, and OneTrust driving growth, couples often bring significant pre-marital assets into the marriage: equity in startups, vested RSUs, business ownership, intellectual property, or high-value investments.
At Naggiar & Sarif, a leading Atlanta family law firm with decades of experience serving high-net-worth clients, we help professionals protect what they’ve built. Our founding partners, Danny Naggiar and David Sarif—recognized as Super Lawyers Top 100 in Georgia and Best Lawyers in America—specialize in complex asset division, including prenuptial and postnuptial agreements. These tools aren’t just for the ultra-wealthy; they’re essential for safeguarding businesses, tech equity, and financial futures in Georgia’s equitable distribution state. In this guide, we’ll address key questions, debunk myths, and explain why proactive planning now can prevent costly disputes later.
Are Prenups Enforceable in Georgia?
Yes, prenuptial agreements (prenups) are fully enforceable in Georgia, thanks to the landmark 1982 Georgia Supreme Court case Scherer v. Scherer (249 Ga. 635). Before this ruling, prenups were largely invalid, but the Court shifted to recognize them under specific conditions.
Under the Scherer test, a prenup is enforceable if it meets a three-part standard:
- No fraud, duress, mistake, misrepresentation, or nondisclosure of material facts — This requires full and fair financial disclosure from both parties before signing. Courts emphasize transparent sharing of assets, debts, and income (often via detailed financial statements or schedules attached to the agreement).
- The agreement is not unconscionable — It can’t be grossly unfair at the time of execution.
- Enforcement isn’t unfair or unreasonable under changed circumstances — Courts consider unforeseen events since signing, but if the agreement was fair initially and voluntarily entered, it’s typically upheld.
In practice, Georgia courts uphold well-drafted prenups that include independent legal counsel for each party, voluntary execution, and comprehensive disclosure. At Naggiar & Sarif, we ensure every agreement passes the Scherer scrutiny, protecting pre-marital businesses or tech equity from being classified as marital property.
Common pitfalls—like incomplete disclosure of stock options, startup shares, or business valuations—can lead to challenges. Our team, with experience in high-asset divorces, drafts agreements that withstand court review.
What Is the Difference Between a Prenup and a Postnup in GA?
A prenuptial agreement (prenup) is signed before marriage, while a postnuptial agreement (postnup) is executed after the wedding. Both serve similar purposes: defining separate vs. marital property, protecting assets like businesses or equity, waiving spousal support claims, and outlining debt responsibilities.
Key differences include:
- Timing: Prenups occur pre-marriage, when parties can walk away without legal ties. Postnups happen during marriage, often addressing new realities like a business launch, inheritance, or equity vesting.
- Enforceability Scrutiny: Prenups face slightly less scrutiny due to no pre-existing fiduciary duty. Postnups involve spouses’ fiduciary relationship, so courts may examine them more closely for fairness, voluntariness, and disclosure. However, both are enforceable if they meet similar standards (voluntary, full disclosure, not unconscionable).
- Use Cases: Prenups are ideal for protecting pre-marital assets (e.g., a founder’s equity in an Atlanta startup). Postnups suit married couples who acquire a business, receive windfalls, or want to clarify ownership amid growth.
In Georgia’s tech hub—home to Atlanta Tech Village, Midtown’s innovation districts, and Fulton County’s data centers—postnups are increasingly popular for protecting businesses started or scaled during marriage.
Can a Postnup Protect My Business During Divorce?
Absolutely. A well-crafted postnup can designate a business (or its equity, profits, or appreciation) as separate property, shielding it from equitable division in divorce. Georgia follows equitable distribution, meaning marital property is divided fairly (not necessarily equally), but separate property remains with the original owner.
Without protection, a business started pre-marriage could become partly marital if marital funds, time, or efforts contribute to its growth. Postnups clarify this, specifying valuation methods, buyout options, or that appreciation remains separate.
For Atlanta professionals in fintech, AI, or startups, this is crucial—especially with rapid equity growth. A postnup can prevent a spouse from claiming a share of vested options or company value.
Our firm’s expert Atlanta collaborative lawyers have helped clients in Buckhead and Midtown use postnups to safeguard family businesses or tech ventures, ensuring continuity even if the marriage ends.
Common Client Concerns: The Scherer Standard and Protecting Pre-Marital Assets
High-earning Atlanta clients often worry: “Will my prenup hold up under Scherer?” The answer is yes—if drafted correctly. The biggest risk is nondisclosure. Georgia requires “full and fair” disclosure, including schedules listing assets (e.g., startup equity, RSUs, business valuations), debts, and income.
Professionals in the “Silicon Peach” ecosystem—where startups like those in Atlanta Tech Village or fintech firms thrive—frequently have complex assets: pre-IPO shares, IP rights, or carried interest. Incomplete disclosure can invalidate the agreement.
Another concern: “What if circumstances change?” Courts consider post-execution changes, but fair initial agreements rarely fail. Independent counsel for each party strengthens enforceability.
We guide clients through these nuances, ensuring agreements are proactive, fair, and court-ready.
Seasonal Angle: Engagement Season (January–March) – The Perfect Time for Planning
January through March is peak “engagement season” in Atlanta, following holiday proposals at Piedmont Park or holiday lights in Buckhead. With wedding planning underway, now is ideal for discussing prenups—before emotions peak or vendors book.
Early conversations reduce pressure and allow time for financial disclosure and negotiations. For tech professionals, vesting schedules or funding rounds often align with this period, making protection timely.
If already married, postnups offer similar safeguards without waiting for issues to arise.
Why Prenup/Postnup Work Leads to Hiring an Experienced Family Law Firm
These agreements require precision: full disclosure protocols, independent counsel, notarization, and witnesses. DIY templates risk invalidation, leading to expensive litigation.
At Naggiar & Sarif, our 100+ five-star reviews highlight success with high-net-worth clients. “David Sarif protected my business equity flawlessly,” one client notes. With expertise in complex assets and awards like Best Lawyers “Lawyer of the Year,” we provide tailored, enforceable documents.
Proactive planning appeals to Atlanta’s professionals—preventing disputes and preserving wealth. We handle everything from drafting to review, ensuring compliance with Georgia law. Working with our Atlanta prenuptial and postnuptial agreement attorney means personalized guidance tailored to high-net-worth professionals in Buckhead, Midtown, and the Silicon Peach tech corridor—helping you safeguard your business equity and assets proactively.
Local Insights: Navigating Atlanta’s Courts
Prenup/postnup disputes fall under Fulton County Superior Court (Family Division) in the Atlanta Judicial Circuit. Judges emphasize Scherer factors, full disclosure, and voluntariness.
Filing or enforcing involves the Clerk of Superior Court (136 Pryor Street SW). Our Buckhead and Alpharetta offices serve Fulton, Cobb, and beyond, leveraging local knowledge for seamless outcomes.
Secure Your Future Before “I Do” – or After
In Atlanta’s dynamic economy—fueled by tech equity and business growth—a prenup or postnup isn’t pessimistic; it’s smart planning. Protect your hard-earned assets under Georgia’s Scherer framework with full disclosure and expert drafting.
If you’re engaged, newly married, or building wealth in Midtown/Buckhead, contact Naggiar & Sarif today for a confidential consultation. Our award-winning team ensures your agreement stands strong. Call our office—let’s safeguard what matters most.