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 marital agreement 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 could help you complete this process with greater ease, expediency, and prioritization of your needs and best interests.

The Reasons Spouses Draft Postnuptial Agreements

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 postnuptial contract, but a qualified Fulton County postnuptial agreements attorney could help determine if these issues possess merit.

The Formal Adoption 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 postmarital arrangement, each party should hire a postnuptial agreements lawyer in Fulton County who could help them introduce and argue in favor of issues they would like to address in the contract.

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 contract in front of witnesses and a notary public.

What Issues Do Postnuptial Agreements 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 in the event 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.

Reaching 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 postnuptial agreement may make this process smoother.

That said, some spouses are reluctant to enter into such contracts because of the associated social stigma. A Fulton County postnuptial agreements lawyer could 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.

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