Life can be unpredictable, but a postnuptial agreement could be a viable option to prepare for the unexpected. Similar to a prenuptial agreement, a postnuptial agreement is a legally binding contract that allows spouses to divide property, assets, and income in the event of a divorce, a separation, or even the death of one spouse.

Creating a postnuptial agreement could be one of the best ways to create peace of mind and reduce possible stress for the future, and a Buckhead postnuptial agreements lawyer could work with you to craft an agreement that suits your unique needs. With assistance from one of our team’s skilled family law attorneys, you could ensure your assets and best interests will be protected — no matter what happens.

Understanding Postnuptial Agreements

The only practical difference between a postnuptial and a prenuptial agreement is that a “prenup” is created before the marriage. Both, however, are legally binding.

Postnuptial agreements could be useful in a variety of circumstances. However, the most common use for these agreements is to protect each spouse’s assets from being split unevenly or in an undesired way, should the marriage end. A knowledgeable postnuptial attorney in Buckhead could help a couple draft an agreement that may benefit and protect both parties in light of a separation, divorce, or death. To that end, a postnuptial agreement may address issues such as:

  • Property division
  • Spousal support
  • Confidentiality
  • Allocation of debt
  • Secure inheritance and wills

Enforceability of a Post-Marital Contract

There are a few criteria that are required to make a postnuptial agreement valid in the State of Georgia. First, the agreement must be in writing, and the written document must be signed by both involved parties and notarized to ensure that the signatures are viable. Both parties must also fully disclose all assets and income so that the agreement can be fair and reasonable to protect both spouses. Lastly, both parties need to agree to all terms of the post-marital agreement.

There are a few instances where a postnuptial agreement may be unenforceable, however. Possible reasons could include:

  • One party entered the agreement involuntarily, under duress, or due to coercion
  • One party failed to fully disclose all assets and financial information
  • One party signed without legal representation and/or had insufficient time to consider the agreement
  • The agreement was unconscionable
  • The agreement was oral and not in writing
  • The agreement was not signed by both parties

To prevent a contract from being invalid, retaining legal counsel may be advisable. An experienced Buckhead lawyer could help ensure that a postnuptial contract is reasonable and valid — and therefore enforceable in court.

Retain a Buckland Postnuptial Agreements Attorney for Dedicated Help

Postnuptial agreements often have a negative connotation. In reality, though, these agreements are just precaution which could protect a couple in case of divorce, separation, or worse. Common issues that arise in a divorce, such as spousal support and property division, could be resolved before the topic ever even comes up.

A Buckland postnuptial agreements lawyer could help you and your spouse determine whether such a contract is the best option for you and, if so, draft an amicable and enforceable agreement. Contact our intake team today to schedule an initial case review and find out how you could protect your assets for the future.

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