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Postnuptial agreements are an important tool, utilized after a couple is married, for managing the division of assets and other potential challenges should the couple decide to split.
If you did not secure a prenup and would now like to protect your financial future through a marital agreement, we can help. If you need answers and advice, let us be your trusted advocate and help guide you each step of the way.
As long as a postnuptial agreement is in writing, signed by both parties, and is not in extreme favor of either party, a court will likely find it to be binding.
Technically, you can write your own postnuptial agreement, but since it can have serious legal ramifications down the road, it is always a good idea to work with an experienced attorney on the creation of the agreement.
If you and your spouse are experiencing hardship, particularly involving disputes about finances, a postnuptial agreement could be an excellent way to resolve this. By coming to an agreement about how assets and other financial matters would be handled in the event of a divorce, it can relieve some of the tension.
Many people have heard of prenuptial agreements and know that they are meant to detail a couple's agreement on their assets, income, and other issues prior to marriage. Postnuptial agreements (postnups) are discussed less frequently, but they are an equally important tool for managing the division of assets and other potential challenges after the dissolution of a marriage.
The main difference between prenuptial and postnuptial agreements are that prenuptial agreements are entered into before the marriage and postnuptial agreements are entered into after the couple is already married.
A postnuptial agreement details how the parties' assets will be divided if they divorce. They are also used to outline responsibility for any debt and each person's financial responsibilities during the marriage. Postnuptial agreements can include division of assets and debt, requirements for spousal support, and distribution of assets after a spouse's death. In some situations, a postnup can even include a plan for child custody and support in the event the couple decides to divorce.
The details of a postnuptial agreement will be unique to each couple.
There are many scenarios in which a couple should consider a postnuptial agreement, including:
Many couples consider a prenuptial agreement but either run out of time to put one in place, aren’t quite sure what to include, or fail to ask their partner for one out of fear of their reaction. A postnuptial agreement allows the couple to put an agreement in place when they are ready.
A postnuptial agreement can define the division of assets between a spouse and children from a prior marriage. Documenting the parties' intentions ensures that the intended amount is reserved for the child.
A business increases financial risk and reward in a relationship. The beginning of a business often requires an individual to incur debt, and if the business is successful, it can reap significant profits. A postnuptial agreement will help the couple hammer out these details at the outset of the business.
While Georgia law generally finds an inheritance to be separate property, this gets more complicated if the funds are commingled with joint property. A postnuptial agreement will help clear up any confusion.
If a spouse changes their financial situation to benefit the marriage and the family, they may want to ensure that they will receive sufficient financial compensation after a divorce.
If the parties enter the relationship with very different financial positions, a postnuptial agreement can help clarify their intention if the marriage ends.
Some couples agreed to a prenuptial agreement prior to marriage but need to change the agreement. A postnuptial agreement is a tool that enables the couple to modify a prenuptial agreement.
The above list is not exhaustive, but it helps demonstrate the types of situations that cause couples to consider a postnuptial agreement. If you are unsure if a postnuptial agreement makes sense, you can consult with our Atlanta postnuptial agreement lawyers.
Discussing a postnuptial agreement with your partner can be stressful, but it is an important conversation. Make it clear that your intention is to benefit both individuals and consider raising the conversation during other financial-planning conversations. If you work with a financial planner, you could also seek their input on the benefits of a postnuptial agreement.
Once you have put in the time and effort to prepare a postnuptial agreement, you want to know it is going to be enforceable if the marriage ends, in order to avoid a contested divorce.
Georgia's policy favors the enforcement of postnuptial agreements, but a court will find the agreement unenforceable if:
To avoid a finding of unenforceability, be sure that:

Your lawyer will be a critical partner in representing your interests in the preparation of a postnuptial agreement.
An experienced attorney will assist you in drafting an enforceable postnuptial agreement that fairly represents your financial interests. Your lawyer will work with you to understand your goals for the agreement, prepare a draft agreement, and negotiate for your best interest. Working with a lawyer will also ensure that your agreement includes all the required elements of an enforceable agreement.

If you and your spouse are experiencing hardship, particularly involving disputes about finances, a postnuptial agreement could be an excellent way to resolve this. By coming to an agreement about how assets and other financial matters would be handled in the event of a divorce, it can relieve some of the tension.
Technically, you can write your own postnuptial agreement, but since it can have serious legal ramifications down the road, it is always a good idea to work with an experienced attorney on the creation of the agreement.
As long as a postnuptial agreement is in writing, signed by both parties, and is not in extreme favor of either party, a court will likely find it to be binding.
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