Sometimes, marital issues arise long after a couple weds that force each spouse to redefine what their role, rights, and responsibilities within the established union are. Under these circumstances, drafting a postnuptial agreement with an experienced attorney’s help might be warranted.
However, before spouses can adopt this type of marital contract, several significant issues must be resolved. Should you choose to retain one, a Fulton County postnuptial agreement lawyer from our firm can help you complete this process with greater ease, expediency, and prioritization of your needs and best interests.
Reasons to Draft a Postnup
Some marriage partners decide to enter postnuptial contracts to establish specific guidelines regarding how they would handle certain legal and financial issues in the event of a divorce. That said, there are other reasons these arrangements might be drafted, including:
- A significant financial change, such as one party receiving an inheritance or a career promotion;
- If either spouse has children from a previous marriage or relationship;
- If either party has individual assets;
- To protect one spouse against the actions of the other in the event the latter has a history of malfeasant behavior;
- A major life alteration such as a serious personal illness, or said event affecting a child or other close relative.
Each spouse might have different reasons for drafting a post-marital agreement, but a qualified Fulton County attorney could help determine whether these issues possess merit.
The Formal Postnuptial Agreement Process
As is the case with any legal process, formal adoption of a postnuptial contract requires participation in an established process. Upon deciding to establish a post-marital arrangement, each party should hire a lawyer to help them introduce and argue in favor of issues they would like to address in the postnup.
Once the issues are on the table, the parties and their respective attorneys enter the negotiation process, which continues until both sides agree to the terms established for all pertinent issues. At this point, the parties draft and sign a final post-marital contract in front of witnesses and a notary public.
What Issues Can Post-Marital Contracts Cover?
Postnups may discuss various legal and financial matters, including but not necessarily limited to:
- Each spouse’s duties in the marriage moving forward;
- How to divide specific assets if a divorce occurs;
- How to divide various property upon either spouse’s passing;
- Whether either spouse would pay alimony to the other after a separation;
- Responsibility for paying debts.
Postnuptial agreements typically do not address child custody or child support matters, and any consideration they do pay to such issues is not legally binding. A court must consider several pertinent factors and render a final decision regarding child custody and/or support based on the child’s best interests.
Reach out to a Fulton County Postnuptial Agreement Attorney
Occasionally, circumstances within a marriage change in ways that force spouses to either separate or redefine certain responsibilities. Drafting a post-marital contract may make this process smoother.
That being said, some spouses are reluctant to enter into postnup agreements because of the associated social stigma. A Fulton County postnuptial agreements lawyer can help you overcome such fears and establish an arrangement that strengthens your relationship and provides solutions for critical legal and financial matters. Call us today to schedule an initial consultation with a member of our seasoned legal team.
