Many people do not opt for a prenuptial agreement before getting married, but circumstances change, or they later decide that a prenuptial agreement would have been a good idea. In these cases, a postnuptial agreement is appropriate. A postnuptial agreement accomplishes the same functions as a prenuptial agreement except it is entered into after the couple is married.
If you and your spouse are considering a postnup, a good place to start is by contacting our well-versed team of attorneys. Our Gwinnett County postnuptial agreements lawyer exclusively handle family law issues and can work with you to create a post-marital contract that reflects your family’s needs.
What Can Post-Marital Agreements Do?
Postnuptial contracts often address the allocation of property, assets, debts and alimony should the marriage come to an end.
Some postnups attempt to address child custody and child support as well, but these terms may be considered unenforceable since courts must decide child custody and child support issues based on the best interests of the child. If the post-marital agreement’s terms regarding these issues are not aligned with the best interests of the children, the court may reject those terms and order something very different, or void the contract entirely.
Pros and Cons of Postnups
Having a postnuptial agreement can minimize the money and time spent on a divorce by setting out the terms of property division and alimony ahead of time. Postnups may also benefit some couples by allowing them to work through financial issues and resolving them before they lead to more conflict and possibly divorce.
Sometimes, these agreements can also be used to amend a prenuptial agreement or add-on provisions.
The biggest negative of a post-marital contract, as opposed to a prenuptial one, is that they can be viewed with more scrutiny. Since postnups are entered into after marriage, many courts will view a spouse as having less bargaining power, as a Gwinnett postnuptial contracts attorney can explain.
Creating a Valid Postnuptial Contract
While courts will likely look at a postnup with more scrutiny, there are several things you can do to ensure your agreement will be valid and enforceable. To make sure a post-marital agreement is valid in Gwinnett County, it is important to work with a meticulous attorney. Some of the requirements for a valid postnuptial agreement include:
- Full disclosure – all assets, debts, and incomes must be disclosed, if the information is incomplete or inaccurate the whole agreement may be void;
- Written agreement – an oral agreement will not be valid, the written agreement must be signed by both parties;
- Voluntary – if there is any indication that one party was threatened or coerced into signing the agreement, the postnup could be invalid; and
- Fairness – an agreement that is extremely unfair toward one side is not likely to be enforced by the court.
It is also advised that both parties have independent counsel to consult before entering into a postnuptial contract.
Speak with a Gwinnett County Attorney about Postnuptial Agreements
If you were unable to get a prenuptial contract or need to amend it after marriage, a postnuptial agreement may be right for you. If you are ready to learn more about the role a postnup can play in your marriage, you should consider reaching out to our team of knowledgeable Gwinnett County postnuptial agreements lawyer. To begin, call today.
