Postnuptial agreements can address many of the same topics that prenuptial agreements. Those topics include alimony, marital property division, business interests, retirement account distributions, and attorneys’ fees.
The main difference between postnuptial and prenuptial contracts is that the spouses draft and sign postnup agreements after they marry. The main purpose of a postnuptial agreement is to determine what happens to the 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. An Alpharetta postnuptial agreements lawyer can help you and your spouse compose a complete and detailed marital contract that addresses your applicable concerns.
Why Should Alpharetta Couples Work with a Lawyer to Draft a Postnup?
Postnuptial agreements are legal contracts that both parties sign after they marry. Some spouses decide to draft a postnuptial contract because of an extreme change in financial circumstances that occurs after marriage. 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, postnups can also shield one spouse from debts or judgments entered against the other during their marriage.
Enforceability of Alpharetta Post-Marital 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 post-marital 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 getting 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 previous agreement;
- Whether the agreement involved mutual mistake, duress, fraud, or misrepresentation by one or both of the spouses; and
- Whether the agreement is manifestly unfair or unconscionable.
How an Alpharetta Postnuptial Agreements Attorney Can Help
Before speaking with a lawyer about a postnuptial contract, you should first discuss the topic with your spouse. Talking about a postnup 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.
Drafting and signing a postnuptial agreement can save a lot of time and effort in the event of a divorce or the death of a spouse. By addressing financial and property concerns before they arise, a post-marital agreement can be very beneficial for everyone involved. An Alpharetta postnuptial agreements lawyer can help you draft a contract that suits both you and your spouse’s unique financial circumstances and lifestyles, so call today to get started.
