Protecting Your Assets – Prenuptial and Postnuptial Agreements

Going into a marriage with assets that you need to protect generally results in a prenuptial agreement between you and your soon-to-be spouse. If you come into money during the marriage, either due to an inheritance or sudden business-related windfall, you also have the option of having your spouse sign a postnuptial agreement in Georgia. These documents are generally seen as elements that men insist on in order to protect their money, but women are increasingly wanting their new spouses to sign these important documents as well.

At Buckhead Family Law, we understand that both prenuptial and postnuptial agreements can be game changers in a marriage. How can these agreements help you protect your assets? Let’s explore your options.

What a Prenuptial Agreement Can Do

Prenuptial agreements, in line with their name, are signed prior to a marriage taking place. They require both parties to disclose all of their financial information so that there aren’t any monetary secrets in the relationship. These agreements are put into place should the couple divorce, and should make splitting up any assets easy.

A prenup contains information about assets owned by both people in the marriage, as well as a plan for what to do with that money or property in the case of a divorce. They can also state that any assets gained during the marriage should be split evenly should they separate. In some cases, there are clauses for things like infidelity by either spouse or who inherits which assets if one spouse dies before the other.

In the cases of prenups put into place for an uneven partnership, if one spouse makes far more money than the other, there might be additional considerations for alimony. However, prenups do not contain any details about child support or custody.

The Benefits of a Postnuptial Agreement

A postnuptial agreement in Georgia, on the other hand, is signed after the marriage has taken place. There are several reasons why this would happen, ranging from both spouses wanting to take their time to go over their finances after the wedding to one spouse wanting to protect their assets during a rocky time in the marriage. No matter what, these agreements look a lot like prenuptial agreements as far as splitting assets in the case of divorce and determining inheritance, if necessary.

There is one crucial difference though: a postnup takes place after the wedding, at which point all of the assets are owned jointly by both spouses. This can make the division of assets a little bit tricky and is why prenups are thought to be stronger than postnups. No matter what, putting a postnup together requires both parties to disclose all of their assets and promotes honesty, which may be good for the marriage until everything goes south.

Issues With Both Types of Agreements

Although prenups and postnups are legal documents, they can be broken. If the judge decides that either document was signed under duress or the division of assets seems unfair as one spouse went into the marriage with far more than the other, these agreements can be overruled. In order for them to stay in place during a divorce, transparency during the signing process needs to be documented.

Need a Top-Rated Divorce Lawyer in Georgia to Help You Protect Your Assets?

Are you worried that your spouse will walk away with your hard-earned assets in a Georgia divorce? Do you think that you may have signed a prenup or postnup under duress? Do you want to enforce or negate the agreements?  If so, then you need a good Georgia divorce lawyer.

At Buckhead Family Law, our legal team works diligently to meet the needs of clients getting divorced in today’s tech driven world – this means taking everything online into consideration. One thing that hasn’t changed about divorce? It is still one of the most harrowing experiences someone can go through, and we understand that. That is why we always treat our clients with grace and compassion.

Need help? We are here to assist you as you begin the next chapter of your life while ensuring that all of the loose ends are tied up in the least complicated way. Schedule a consultation today by calling our legal team at 404-390-0000.