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 postnuptial agreement, 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 plan that reflects your family’s needs.

What Postnuptial Agreements Can Do

Postnuptial agreements often address the allocation of property, assets, debts and alimony should the marriage come to an end.

Some postnuptial agreements address child custody and child support as well, but these terms may be considered unenforceable since courts decide child custody and child support issues based on the best interests of the child. If the postnuptial agreement 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.

Pros and Cons of a Postnuptial Agreement

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. Postnuptial agreements 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 postnuptial agreement, as opposed to a prenuptial agreement, is that they can be viewed with more scrutiny. Since postnuptial agreements are entered into after marriage, many courts will view a spouse as having less bargaining power, as a Gwinnett County postnuptial agreements lawyer could explain.

Creating a Valid Agreement

While courts will likely look at a postnuptial agreement with more scrutiny there are several things you can do to ensure your agreement will be valid and enforceable. To make sure a postnuptial 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 prenuptial agreement 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 the postnuptial agreement.

Speaking with a Gwinnett County Attorney About Postnuptial Agreements

If you were unable to get a prenuptial agreement 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 postnuptial agreement can play in your marriage, you should consider reaching out to a team of knowledgeable Gwinnett County postnuptial agreements lawyer. To begin, call today.

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