Postnuptial Agreements Lawyers in Atlanta, GA — Helping Safeguard Your Assets After a Marriage
Getting married is a huge step. It’s also a brave step considering the rate of divorce in America. Of course, no one goes into a marriage expecting it to end. This is why so many partners decide to protect themselves by signing a pre-marital agreement. However, just because you didn’t sign one doesn’t mean it’s too late. A postnuptial agreement lawyer in Atlanta, GA, can help.
At the Family Lawyers of Atlanta, our Georgia family law attorneys have seen how difficult divorce can be. Disputes over spousal support, property division, and other issues can worsen an already stressful situation. However, signing a postnuptial agreement after you’ve gotten married can minimize these potential difficulties. Contact our law firm today to discuss your case for free.
What Is a Postnuptial Agreement?
A postnuptial agreement (e.g., postnup) is a marital contract that dictates the terms of many issues in the event of a divorce. For instance, married couples may make important decisions regarding the division of marital property, debts, and other matters that would typically be handled in a divorce settlement. Doing this before a marriage ends makes it possible to avoid the complications that arise when emotions are high due to divorce.
Georgia law utilizes equitable division during divorce proceedings. This means that property division will not always be “right down the middle.” Issues such as marriage duration, child custody, fault (e.g., infidelity), and even each spouse’s health can dictate orders related to property division, spousal support, and other issues. However, signing a postnup can ensure these decisions aren’t made by the courts or disputed down the line.
Contact our postnuptial agreement attorneys in Atlanta today to learn more about this option and how to move forward.
Is a Postnup as Valid as a Prenuptial Agreement in Georgia?
You have the same protections in Georgia whether you sign a prenuptial or postnuptial agreement. That’s because state law recognizes the validity of both these marital contracts. With either of these agreements in place, you can rest comfortably knowing that financial matters ranging from the division of assets to who has to pay alimony are already decided. However, there are requirements that must be met for either of these contracts to be valid.
These requirements include:
- An agreement must be in writing and signed by both parties
- Two witnesses — one of which is a notary public — must attest to the agreement
- The document must be notarized
- Intimidation, coercion, or deceit cannot be utilized by either party
- The agreement must be signed a “reasonable” amount of time prior to the marriage
- Both parties must make full financial disclosure — including assets and debts
- The contract cannot be so one-sided that it’s unconscionable
- The agreement cannot include illegal provisions or those against public policy
Clearly, ensuring the validity of postnuptial agreements can be a complex issue. Just one simple mistake can invalidate these contracts. Anyone who has had a prior marriage likely understands how difficult divorce can be without such an arrangement in place. This is why you should have an experienced attorney assist with the process. Contact our prenuptial and postnuptial agreements lawyers in Atlanta today. We’re ready to help.
Are Prenuptial Agreements Better Than Postnups?
As discussed above, a postnuptial agreement is just as valid as a prenuptial agreement. In fact, there’s very little difference between the two other than when they’re signed. Both marital contracts can stipulate decisions on marital and separate property, spousal support, debt division, and more. They must also both be valid, and each can be challenged in court. However, opting for a prenuptial agreement may still be more beneficial whenever possible.
That’s because you’re not entitled to a marital contract once you’re married. The law states that nothing can be done if one spouse wants a postnup and the other does not. The other spouse has to sign the agreement freely and without coercion. If they refuse to do so, then you’re stuck in a marriage with no protection. As such, you should choose a prenup over a postnup whenever possible.
If your partner refuses to sign the contract, you at least still have the option to forego marriage. Regardless of your situation, our law firm can help you better understand your options. Contact us today for a confidential consultation.
What Can’t Be Included in a Georgia Postnuptial Agreement?
We’ve already discussed many things — such as provisions that are against public policy — that cannot be included in a postnuptial agreement. However, two important matters not mentioned above are also unenforceable. These two issues are child support and child custody. Any provisions regarding these matters are considered void — even in an otherwise legally binding contract.
Even working with the best Atlanta postnuptial agreement attorney cannot change this. That’s because child custody and support decisions are based wholly on the child’s best interests. No one can predict what a situation may be like in the future. A situation that might be entirely healthy for a child now could be detrimental to their well-being in the future. As such, you should not include such provisions.
Fortunately, you can still modify an agreement as long as you’re still married. Additionally, such provisions will not negate other legal arrangements in the contract. Reach out to our Atlanta postnuptial agreement lawyers today to discuss your case and understand how to best move forward.
Contact Our Postnuptial Agreements Lawyers in Atlanta, GA Today
Whether there are significant assets in your marriage or you’re just “making ends meet,” a marital contract is never a bad idea. These agreements make it possible to avoid many of the most significant conflicts seen in the event of a divorce. Fortunately, failing to sign a prenuptial agreement doesn’t mean you’re out of luck. Georgia law recognizes the validity of postnups, so there’s still time to safeguard your future.
At the Family Lawyers of Atlanta, we want our clients to understand that there’s nothing wrong with postnuptial agreements. An increasing number of married couples are signing such contracts, and this doesn’t mean there’s any less love in their relationship. Our law firm can assist whether you’ve already got something in mind or need help coming up with a proposed agreement. Contact us today by calling (404) 418-7777 to schedule your free consultation.
Our postnuptial agreement lawyers in Atlanta are on standby and ready to assist.