Whether you recently tied the knot or have been married for years, you can benefit from using a postnuptial contract (“postnup”) to define your and your spouse’s property rights in case of future divorce. Post-marital agreements allow you to control your income and assets if your marriage ends in divorce.
If you want to learn more about postnups, you should consult with a Cherokee County postnuptial agreements lawyer from our team. Our firm’s family law attorneys can assess your unique circumstances, determine whether a post-marital agreement would benefit you, and draft a legally binding contract on your behalf.
Postnuptial contracts are similar to prenuptial agreements, except that parties’ sign after they marry. A postnup outlines what assets you and your spouse would keep, how marital debts would be divided, and how much, if any at all, spousal support will be provided upon divorce. A Cherokee County family law judge may enforce a valid post-marital contract in a final divorce hearing.
There are many reasons why a couple may consider entering a postnup after getting married. A knowledgeable attorney in our area can assess your marital and financial circumstances to determine whether a postnuptial agreement is in your best interest.
If you receive a large inheritance, or a business venture generates substantial income, a well-drafted post-marital contract can delineate these assets as separate, non-marital property. By entering a postnup, a spouse who owned property before they married could prevent a judge from awarding the other spouse with interest in the property upon divorce.
A post-marital agreement may also allocate financial support for a spouse who stops working to stay home and care for the children, so they can provide for themselves if the marriage ends in divorce.
A postnup may be particularly useful if either spouse contributed to a premarital asset after getting married. For example, If your spouse owned a home before marriage, but you helped make improvements to it during your marriage, you may preserve your post-marital contributions in a legally binding postnuptial agreement.
Spouses who run a business may find it difficult to continue working together if their marriage is struggling. If they do not plan for who will assume responsibility of the company after a potential divorce, they may face litigation to sort out their respective business interests. A postnuptial contract could state which spouse would control the business in the event of a divorce and define the terms of a buyout of the other party’s interest in the company.
Couples with blended families may use a postnup to provide for their children from prior relationships. A valid post-marital agreement in Cherokee County could mandate that if one spouse passes away during the marriage, all or a portion of their assets will pass to their biological children rather than their spouse or stepchildren.
If you are interested in entering a post-marital contract but are unsure if it’s the right option for you, it may be beneficial to consult an attorney familiar with these matters. Our team is well-versed in the legal requirements for postnup contracts in Georgia. A Cherokee County prenuptial agreements lawyer can answer any questions you have about these contracts, so call today to learn more.
Atlanta Divorce Law Group
Atlanta Divorce Law Group
5755 North Point Pkwy
Alpharetta, GA 30022