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Postnuptial Agreements Lawyers in Roswell, GA — Helping Our Clients Avoid Messy Divorces

Nearly everyone has heard of a prenuptial agreement. Perhaps you got married without signing such a marital contract, and now you’re worried that doing so may have been a mistake. If you’re in such a situation, you still have options under Georgia law. A postnuptial agreements lawyer in Roswell, GA, may be able to help.

At the Family Lawyers of Atlanta, our Georgia family law attorneys have extensive experience in prenuptial and postnuptial agreements. We’ve seen how challenging divorces can be, and this is often because former partners can’t reach a consensus on important issues. If you and your spouse sign a marital contract now, though, it’s possible to avoid such difficulties.

Contact our Roswell postnuptial agreements attorneys today for a free consultation.

What Is a Postnuptial Agreement?

A postnuptial agreement is a marital contract that’s signed after a couple “ties the knot.” These legal documents are very similar to prenuptial agreements, laying out important decisions in the event of a divorce. One spouse cannot enter this agreement on their own. Both parties must make decisions and agree to the provisions of the contract.

If this is done correctly, many of the most challenging issues related to divorce can be figured out beforehand. You can make decisions related to spousal support, asset division, debt distribution, and more. These agreements are generally enforceable and presumed valid under Georgia law as long as they’re entered into correctly.

However, a single mistake can derail the entire process. That’s why you should contact the Roswell postnuptial agreements lawyers at the Law Office of Family Lawyers of Atlanta. Your initial consultation is free, and we can help you better understand your options.

How Are Postnuptial and Prenuptial Agreements Different in Georgia?

Whether you sign a prenuptial or postnuptial agreement in Georgia, you’re essentially accomplishing the same task. The only real difference is when the contract is signed. Prenuptial agreements come prior to marriage, and postnuptial agreements occur after. Both are presumed valid under the law, and both must meet the following requirements:

  • Agreement must be knowingly and voluntarily signed by both parties.
  • No coercion or duress may occur.
  • Both parties must fully disclose their assets and liabilities.
  • The agreement must be fair and reasonable to both parties. Provisions cannot be unconscionable.
  • Document must be written. Both parties must sign, along with a witness. A notary public must also sign the document.
  • Provisions cannot be illegal or violate public policy.

If all these requirements are met, a couple can make preemptive decisions regarding everything from jointly owned properties to alimony payments. In most cases, a Georgia court will recognize the agreement as binding. Regardless of other material facts of the case, this means a potential divorce can avoid many of the most challenging aspects that couples experience.

What Can Make a Postnuptial Agreement Unenforceable?

In the event of a divorce, you want to be sure that your postnuptial agreement is enforceable. Even though both spouses agreed on the provisions of the contract, this will mean nothing if the document is not valid. Fortunately, following the requirements discussed above will typically protect your future. While either spouse can contest the validity of the document, they’ll have to prove their claim in court.

However, there are also specific provisions that are considered unenforceable if included. These will not necessarily create issues with other provisions, but they can still result in unexpected difficulties during a divorce. For instance, issues involving child custody and support cannot be included in a postnup. These are serious family law matters that must be decided based solely on the well-being of the child.

These and other nuances of the law could result in unfortunate surprises and financial issues in the event of a divorce. Don’t let this happen to you. Contact our Roswell, GA, postnuptial agreement attorneys today for help.

Contact Our Postnuptial Agreements Lawyers in Roswell, GA Today

Perhaps you’re less confident in your relationship than you once were. Maybe memories of a prior marriage have made you realize how invaluable a postnup can be. Then again, it’s possible that you just discovered how complex the issues of marital and separate property can be during a divorce in our state. Regardless of your individual circumstances, it’s not too late to put a Georgia postnuptial agreement in place.

At the Family Lawyers of Atlanta, our legal team would be ecstatic to see your marriage work out. In such a situation, you would never have to worry about the division of financial assets or deal with other difficulties that divorce creates. However, we also want to know that you’re fully prepared if your situation changes. You don’t want Georgia courts making difficult decisions on your behalf.

Contact us today by calling 404-418-7777 to schedule your free consultation. Our postnuptial agreements lawyers in Roswell, GA, are ready to assist.