Georgia postnuptial agreements address many of the same topics that prenuptial agreements address. Those topics include alimony, marital property division, business interests, retirement account distributions, and attorney fees.

The main difference between postnuptial agreements and prenuptial agreements is that the spouses draft and sign postnuptial agreements after they marry. The main purpose of a postnuptial agreement is to determine what happens to spouses’ marital and separate properties in the event of death, divorce, or legal separation.

Postnuptial agreements can save a lot of time and heartache in divorce proceedings. A postnuptial agreements lawyer in the Alpharetta area can help you and your spouse compose a complete and detailed agreement that addresses your applicable concerns.

Why A Couple Should Draft a Postnuptial Agreement

Postnuptial agreements are legal contracts that both parties sign after they marry. Some spouses decide to draft a postnuptial agreement because of an extreme change in financial circumstances that occurs after they marry. For example, one spouse may inherit a significant amount of money or property from a loved one or a family business may earn a significant amount of money. Finally, postnuptial agreements can also shield one spouse from debts or judgments entered against the other during their marriage.

Enforceability of Alpharetta Agreements

Like prenuptial agreements, postnuptial agreements are generally enforceable under the law. In fact, the law actually encourages spouses to enter into both prenuptial and postnuptial agreements.

Whenever one spouse challenges the enforceability of a postnuptial agreement, courts will usually look to a variety of factors to resolve the dispute. Those factors typically include the following:

  • Whether the spouses’ financial circumstances have significantly changed since they were married, and if so, whether that change makes the agreement unreasonable or unenforceable
  • Whether one or both of the spouses did not fully disclose their respective assets and liabilities to the other whey they drafted their agreement
  • Whether the agreement involved mutual mistake, duress, fraud, or misrepresentation by one or both of the spouses
  • Whether the agreement is manifestly unfair or unconscionable

How a Postnuptial Agreements Attorney Can Help

Before speaking with a lawyer about a postnuptial agreement, you should first discuss the topic with your spouse. Talking about a prenuptial or postnuptial agreement can be uncomfortable. However, it is a good idea to use ordinary changes in your financial circumstances such as work raise, inheritance, or bonus, as an excuse to broach this difficult subject and brainstorm ideas.

A postnuptial agreement can save a lot of time and effort in the event of a divorce or the death of a spouse. By address financial and property concerns before they arise, a postnuptial agreement can be very beneficial for everyone involved. An Alpharetta postnuptial agreements lawyer can help you craft a contract that suits both you and your spouse’s unique financial circumstances and lifestyles.

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