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Do I Have To Disclose Everything For A Prenup?

Question: I need some information on a prenuptial agreement. I live in Sandy Springs and I'm getting married in a week. I heard prenups can really work well. I have my own business in Alpharetta and Dunwoody, three bank accounts, two brokerage accounts, and an art collection.

My fiancé has never actually had a job. She got married right after college and then she got divorced five years later when her husband dumped her for some aerobics instructor in Milton. She really got nothing in the divorce and she filed for bankruptcy 3 years ago.

I think a prenup would make sense because I don't want her getting money and other things if the marriage does not work and we get divorced. In my first marriage, I didn't have a prenup and my wife got just about everything. I spent a lot of time and cash building up my business. So if we get divorced I'm worried she will get half of everything that I have worked for and maybe more. I heard you cannot predict what some judge will do. A friend of mine got a prenup and when he got divorced everything was split according to the prenup.

My question is do I have to tell my girlfriend about all of my assets? Can I be penalized if I don't disclose all my stuff?

Answer: For a prenuptial agreement to be valid and enforceable in Georgia, you must disclose all of your assets. If you are found to be hiding anything, a court may nullify the prenup. Full disclosure of all assets is imperative. You must disclose the value of your business, the amount of money that you have (in whatever bank accounts exist), and the value of your brokerage accounts. Your fiancé must disclose her assets as well, although I understand that her assets seem to be negligible.

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