Are Postnuptials Worth It in Atlanta?

If you’re already married, you might worry that you have missed your opportunity to create a prenuptial agreement. However, you can still create a prenuptial agreement. What exactly is the difference between a prenup and a postnup? Why would you want to create a postnuptial agreement in Atlanta, and is there even any point? This is a conversation you should probably have with your local family law attorney.

 Postnuptial Agreements Are Not as Effective as Prenuptial Agreements 

Spouses should know that postnuptial agreements will never be quite as effective as prenuptial agreements. As the name suggests, spouses sign prenuptial agreements before marriage. On the other hand, they sign postnuptial agreements after marriage. Postnuptial agreements are less enforceable due to the potential for coercion. In contrast, spouses tend to feel less pressure to sign a prenuptial agreement (although this is a subject of considerable debate).

To some degree, a postnuptial is a “contract within a contract.” The first contract is the marriage itself, while the second is the postnup. This adds a level of complexity that does not exist with prenups, which spouses sign before their marriage contracts.

What Does a Postnuptial Agreement Do?

Spouses may sign postnuptial agreements for various reasons. Some use this contract to address financial issues during marriage. A postnuptial might also dictate what happens to certain assets during divorce. With a postnup, it might be easier to avoid costly and time-consuming litigation if the couple ever divorces.

In a more abstract sense, a postnuptial agreement may strengthen relationships. When spouses feel confident about what might happen during divorce, they may find it easier to continue their relationship in a respectful, stable manner. Some postnups can even create financial penalties for infidelity.

Why Might Spouses Create Postnuptial Agreements? 

Spouses may create postnuptial agreements for various reasons, but this often represents a final attempt to save a marriage on thin ice.  You might want to explore this type of agreement if you believe that a future divorce is somewhat likely.

Note that your spouse must consent to this process. Like all contracts, postnuptial agreements require signatures from both parties. If your spouse does not want to sign this type of agreement, they are under no obligation to do so. In fact, the entire contract could become unenforceable if you pressure them to sign in any way.

Speak to your local family law attorney to learn more about postnuptial agreements. It may be easier to explain the benefits of a postnuptial agreement to your spouse after consulting with a lawyer.

Can a Family Law Attorney in Atlanta Help Me Create a Postnuptial Agreement? 

If you’re serious about creating a postnuptial agreement, consider speaking with a family law attorney in Atlanta. While postnups aren’t appropriate for everyone, they can be highly beneficial in certain situations. An online article can’t provide targeted guidance for each reader, and reading is only the first step. Speak with Buckhead Family Law to see whether a postnuptial agreement makes sense for you.

Sources: 

investopedia.com/terms/p/postnuptial_agreement.asp

lexisnexis.co.uk/legal/glossary/post-nuptial-agreement