My Spouse Is Pressuring Me to Sign a Postnuptial Agreement in Atlanta: What Should I Do?

Many spouses mutually agree to sign postnuptial agreements in Atlanta. In the best-case scenario, these agreements benefit both parties in a roughly equal manner. However, this is not always the case. Sometimes, postnuptial agreements favor one spouse to such a high degree that the other spouse is understandably reluctant to provide their signature. If your spouse is pressuring you into signing an agreement like this, you might want to speak with a family law attorney.

You Don’t Have to Say Yes

If your spouse is pressuring you into signing a postnuptial agreement, you don’t have to say yes. You can simply walk away from the deal without any real consequences. Since you are already married, there is really nothing to lose by saying no. If it were a prenuptial agreement, your ex might decide not to move ahead with the marriage. The same logic does not apply in regard to a postnup. 

What if I Already Signed It?

If you already signed the agreement, it might be unenforceable. Contracts signed under “duress” are generally unenforceable. This means that if your ex pressured you into signing the postnuptial agreement, the court probably won’t enforce its conditions. Consider speaking with a lawyer to determine your next steps if you already signed the document.

These steps might involve collecting evidence that your ex pressured you. If you can, take screenshots of any texts that depict evidence of coercion and pressure from your spouse. If this pressure is verbal, consider making notes of each incident with a journal. Speak with your lawyer about other ways to gather evidence of coercion.

If you signed the document, you might never need to worry about it. After all, a postnuptial agreement only goes into effect after you get divorced. If the marriage never breaks down, you may never need to challenge the validity of the postnup in court.

You Can Negotiate for Better Terms

You might not want to sign the agreement that your ex has presented you with, but this doesn’t necessarily mean that a postnuptial agreement is a bad idea. You can always negotiate with your spouse for a different agreement that serves your best interests.

Generally speaking, each spouse must obtain “independent counsel” before signing a postnuptial agreement. In other words, you need to discuss the contract with a lawyer to ensure you fully understand what you’re signing.

After this discussion, you might come up with ideas to make the postnuptial agreement fairer and more equitable. You can then meet with your spouse and their attorney to negotiate a modified agreement.

Can a Postnuptial Agreement Lawyer in Atlanta Help Me? 

If your spouse is pressuring you into signing a postnuptial agreement in Atlanta, you are under no obligation to comply. You can always say no, and these agreements are completely voluntary. In addition, any pressure or “duress” could make the agreement unenforceable, even if you already provided your signature. To learn more about your next potential steps, contact the Atlanta postnuptial agreement lawyers at Buckhead Family Law today.

Source:

 georgia.gov/file-divorce