If you married without a prenuptial agreement, you may now be considering the potential consequences of deciding not to enter a pre-marital contract. If you’re concerned about what might happen if you and your partner get divorced, a Crabapple postnuptial agreements lawyer can help.
An experienced family law attorney on our team can explain why a postnup agreement is a good idea and help you and your spouse craft an appropriate contract. Having a postnuptial agreement in place may ultimately help you and your partner build trust and improve communication.
Postnuptial agreements are governed by Official Code of Georgia Annotated §§19-3-60–68. Like prenuptial agreements, postnups outline what will happen with each spouses’ assets and debts, as well as their rights and responsibilities, if they divorce or separate. The distinguishing factor of postnuptial contracts is that spouses enter into these agreements after getting marriage rather than before.
It is advisable for each spouse to hire a separate attorney to advise them of their legal rights before signing a postnup contract in Crabapple. Working with separate legal counsel ensures that both spouses’ interests are individually represented in a postnuptial agreement.
While it may seem strange to be thinking about a hypothetical divorce while still married, there are many considerable benefits to singing a postnuptial contract. Perhaps the most important advantage of entering a postnup is getting to decide ahead of time what will happen in the following scenarios:
Post-marital agreements allow spouses to worry less about these situations and focus more on enjoying their life together.
While postnups can cover a variety of topics, there are certain provisions that may not be included in a postnuptial contract. The types of provisions that cannot be included in a post-marital agreement include:
Postnuptial agreements must be in writing and signed by both spouses to be legally enforceable upon divorce. O.C.G.A. § 19-3-66 also mandates that two witnesses be present at the signing, one of whom must be a notary public. However, postnups are only valid in the absence of misconduct on the part of the spouses.
For example, if either spouse hides debts or other information that affects the terms of the postnuptial contract, the agreement may be unenforceable due to fraud or misrepresentation. In addition, the agreement may not be found valid by a court if either spouse proves that they were under duress or threat to sign the postnup.
Postnuptial agreements can be a valuable tool for spouses who want to protect their assets and finances in case of a future divorce. While you and your spouse may not be contemplating divorce, a postnup can help relieve some of the stress and uncertainty associated with dissolving a marriage.
On the other hand, if you are seeking a divorce, a postnuptial contract can make the dissolution process much smoother. In any case, the assistance of an experienced Crabapple postnuptial agreements lawyer cannot be understated. Call our firm today to learn more about what our team can do for you.