Alpharetta Postnuptial Agreement Lawyer
Most people are familiar with prenuptial agreements, or “prenups,” that can be executed prior to getting married. There is also something called a postnuptial agreement that you can consider. As its name suggests, a postnuptial agreement is drafted and signed after the couple is already married. Georgia is one state that allows postnuptial agreements and recognizes them as legally binding contracts when properly executed. To learn more about preparing a postnuptial agreement or having one reviewed, contact an Alpharetta postnuptial agreement lawyer at Buckhead Family Law today.
Drafting a Postnuptial Agreement in Georgia
Postnuptial agreements are similar to prenuptial agreements and can discuss how your assets and debts will be divided in the event of death or divorce. These are basically prenuptial agreements that are signed after the marriage. You can get a postnuptial agreement for all the same reasons you choose to get a prenup. Sometimes, couples don’t get a prenuptial agreement because they ran out of time before the wedding or felt it was unnecessary at the time.
Standard Clauses in a Postnuptial Agreement
When considering a postnuptial agreement, you want it to cover all your bases. Your agreement must be fair and reasonable to both parties and not violate any laws. Some of the most common sections addressed in a postnuptial agreement include:
- Alimony or spousal support
- Property division
- Retirement accounts
- Business interests
- Attorney fees
Some couples delve deeper and ask their spouse to sign a confidentiality agreement that says they won’t discuss the details of their marriage, divorce, or any settlements that need to be kept confidential.
Other potential topics you might discuss in your postnuptial agreement include:
- Joint bank account management
- Income, deductions, and claims for IRS tax returns
- Management of household expenses, such as bill
- Education financial support, such as paying for one spouse’s education
- Managing finances like credit cards and contributions to saving accounts
- How potential disagreement will be settled, such as arbitration or mediation
Enforcing a Georgia Postnuptial Agreement
To increase the likelihood that the court will uphold your postnuptial agreement, it needs to be in writing. It must be entered into willingly by both spouses. One spouse cannot coerce the other spouse to sign it. All marital agreements must fully disclose all assets that each spouse holds. Did you properly file and record your agreement with the court?
Georgia law will enforce prenuptial and postnuptial agreements, provided they meet specific criteria. To be enforceable, the court will need to answer the following questions:
- Is any aspect of the agreement unconscionable?
- Was the agreement completed through duress, fraud, or mistake, or was there any misrepresentation or nondisclosure of material fact?
- Have the circumstances or facts changed since the postnuptial agreement was executed? Would these changes make the agreement’s enforcement unreasonable and unfair?
Contact an Alpharetta Postnuptial Agreement Lawyer
If you need assistance drafting a postnuptial agreement or having one reviewed, let an Alpharetta postnuptial agreement lawyer assist. Contact Buckhead Family Law today to schedule an initial consultation. Let us help you draft an agreement that will be enforceable in court. If your spouse presented you with an agreement to sign, you still need a lawyer to review it to ensure it’s reasonable, fair, and your rights will be protected.