Johns Creek Postnuptial Agreement Lawyer
While many people have heard of a prenuptial agreement, far fewer seem to be familiar with postnuptial agreements. The differences between these two kinds of agreements are not, however, very extreme. In fact, both types of contracts deal with defining the parties’ rights and responsibilities in regard to their property and debts in the event of divorce. Postnuptial agreements, however, as their name suggests, aren’t entered into before a marriage occurs, but after the relationship has already been legally established.
Although postnuptial agreements can go a long way towards establishing a couple’s financial holdings and what will happen to those assets and debts if the marriage doesn’t last, this is only true if the agreement is found to be valid and enforceable. Finding out that a postnuptial agreement isn’t valid can have serious consequences on how a couple’s property is divided upon divorce, so if you have concerns about entering into a postnuptial agreement, it is important to speak with experienced Johns Creek postnuptial agreement lawyers who can help protect your legal interests.
What are Postnuptial Agreements?
As we mentioned above, postnuptial agreements are basically prenuptial agreements that are signed after a marriage has already taken place. Like prenuptial agreements, these agreements are basically contracts that are entered into by two spouses that spell out how assets or debts are to be divided in the event of divorce or death. Couples typically seek postnuptial agreements for the same reasons that they would look to a prenuptial agreement, including the following:
- They have experienced a major financial change, such as a large inheritance;
- The couple has a blended family and the spouses want to safeguard the inheritances of biological children;
- One spouse is attempting to protect the other from the financial obligations of a legal judgment; or
- One or both of the parties own a business that they wish to keep separate for management or inheritance purposes.
To learn more about postnuptial agreements and whether they could be right for you and your family, please reach out to our Johns Creek legal team today.
Postnuptial Agreement Requirements
Georgia courts have a policy of enforcing postnuptial agreements. However, a judge will only enforce a particular agreement if it meets certain standards. Those that do not meet these standards can be revoked, either in whole or in part. This includes agreements that:
- Were obtained through fraud, mistake, or duress, or through misrepresentation or nondisclosure;
- Are unconscionable, or extremely unfair to one party; and
- Would be unreasonable or unfair if enforced, as the couple’s facts and circumstances have changed so significantly since it was executed.
There are also strict filing and execution requirements for postnuptial agreements, making it especially important for those who are thinking about entering into these kinds of agreements, to speak with an attorney first.
Set Up an Initial Consultation Today
If you and your spouse have unique or significant financial assets and are considering a postnuptial agreement, please contact Buckhead Family Law by calling 470-600-6699 or by completing one of our online contact forms.