It is never too late to take steps to protect your future. Even people who are currently married may act to protect their assets in case their marriage eventually ends in separation or divorce. While courts typically split any property or assets obtained during the marriage equitably between both parties, the presence of a postnuptial agreement could assign ownership of certain property to a specific spouse, as well as address various other issues.
A Johns Creek postnuptial agreements lawyer can help you create a post-marital contract that may provide certainty during an otherwise unpredictable time. If drafted to be enforceable with a skilled family attorney’s assistance, these agreements can divide property, answer questions concerning alimony, and establish many other responsibilities and rights in the event of a divorce.
A postnuptial agreement is very similar to its better-known cousin, the prenuptial agreement. The main difference is that a couple may enter into a postnuptial agreement after getting married, while a “prenup” is created before they tie the proverbial knot.
Either way, the two parties must mutually agree to sign the contract, which means they must enter the agreement without any coercion or threats by the other party. In addition, the postnuptial agreement can be legally binding in case of a divorce—and many couples accordingly sign these agreements as a way to simplify a potential divorce—but would not have an equivalent effect if one party to a marriage dies.
Georgia’s family courts have the authority and obligation to create an equitable distribution of marital property in the event of a divorce. This includes any physical property, real estate, cash, and other assets that the couple accumulated during the marriage.
However, this does not mean that the parties involved will agree with the court’s interpretation of what an “equitable” division of their assets would be. For instance, a court may order the sale of the family home so the proceedings can be split between the parties, rather than granting ownership of the house to one party or the other.
A Johns Creek postnuptial agreement attorney could help remove a great deal of uncertainty from these kinds of proceedings by facilitating a couple coming to a private, mutual contract about various issues. Among other things, a “postnup” could address matters such as who gets specific property and financial assets, how much one party would have to pay the other in spousal support, and who would be responsible for any debts the couple accrued during the marriage. As long as the court recognizes the postnuptial agreement as valid, it would incorporate the tenets of that agreement into the final divorce decree.
A divorce can be practically complicated and emotionally exhausting—not to mention the legal consequences could affect a person’s life for years into the future. However, entering into a postnuptial contract could greatly simplify this process by answering various questions related to potential marital issues long before they become obstacles in the path of a mutually agreeable divorce.
A Johns Creek postnuptial agreements lawyer can help you create a legally binding document that accounts for all your needs and best interests and is seen as enforceable by the court. To schedule an initial consultation, call today.