Marriages do not always pan out in the way that couples expect, so you may want to safeguard your future in case your marriage becomes irretrievably broken. If you did not sign a prenuptial arrangement, you can create a postnuptial agreement with the help of a seasoned attorney. For assistance with drafting terms in a legally binding document with your spouse, seek professional guidance from an Atlanta postnuptial agreements lawyer.

Transfer of Property

According to Official Code of Georgia Annotated §19-3-64, spouses may use a postnuptial arrangement to transfer assets. For example, if a partner owned property in their name prior to marriage, they might allocate all or a portion of it to their spouse through a postnuptial agreement.

Some married couples may choose to involve a trustee in their transfer of land, but they are not required by law to do so. Married people who wish to allocate real estate should consider speaking with a dedicated Atlanta postnuptial agreements attorney who can present options for changing the character of assets.

Postnuptial Arrangements in Preparation for Divorce

If a couple is beginning to doubt the success of their union, they may use a post-marital agreement to plan for divorce or separation. Even if spouses have already signed a prenuptial contract, there may be new items that they wish to include in a postnuptial document.

For instance, married couples who share children could include terms that address parenting time or other custodial issues that may come up during a separation or divorce. Child support, higher education budgets, and travel permissions could also be viable elements of a postnuptial settlement, although the final decision on any child-related matter would fall within the jurisdiction of a family court judge.

There may be an imbalance of financial means in the event of a separation or divorce if one partner earns more income than the other. As such, married couples may choose to write a postnuptial contract which includes terms for spousal support to ensure financial security for a partner who earns less.

An arrangement for spousal support can also be limited to a short period of time. For example, a couple might agree that one spouse would pay alimony to the other while they complete an educational program. A skilled postnuptial agreements lawyer in Atlanta should be familiar with various contract elements and can offer advice on which to include.

Court Enforcement of a Postnuptial Agreement

If a spouse invokes the terms of a postnuptial agreement during legal proceedings with their partner, a judge may consider its terms. O.C.G.A. §19-3-66 allows either partner to seek legal enforcement of their post-marital arrangement through a Georgia court.

Adversely affected spouses should seek advocacy from a knowledgeable Atlanta lawyer who has experience with postnuptial agreement cases. It can be beneficial to have qualified legal representation present during contentious court hearings.

Consult with an Atlanta Postnuptial Agreements Attorney Today

If your marriage is at risk of dissolving, you may need to create a post-marital contract to protect yourself and your assets. In other circumstances, postnuptial agreements can also help you transfer property to your spouse.

An experienced Atlanta postnuptial agreements lawyer can present options for forming an arrangement that benefits your family. Contact our intake team today to discuss your spousal agreement needs.

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Sara Khaki
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