Getting married is always a major step in a person’s life. While the ceremony certainly creates a spiritual bond between them and their spouse, it also creates a legal bond that only a court can break. If that marriage becomes strained, both spouses may wonder how a potential divorce could affect their futures.
Fortunately, married couples have a legal option available that could give them significant peace of mind during their marriage and protect their rights in case of an eventual divorce. By signing a postnuptial agreement after getting married, couples can proactively address various marital issues and have a direct say in how any potential divorce proceedings would play out.
A Roswell postnuptial agreements lawyer could help you identify your needs in a postnuptial agreement and form a document that serves your best interests. Perhaps more importantly, a qualified family attorney from our firm could work to ensure the court accept that document as a valid and legally binding contract.
Postnuptial agreements are a powerful way for married couples to retain control over their lives in case of an eventual divorce and to provide renewed stability in their current marriage. These agreements can speak as to almost any potential matter that may arise in event of a divorce, but they most commonly deal with the distribution of assets and other issues related to each spouse’s financial future.
A postnuptial agreement is valid as long as both parties freely enter into the contract. Courts almost never interfere in the rights of two parties in a contract, so integrating a fair and valid postnuptial agreement into a divorce decree is usually not a problem. This could result in a divorce proceeding in a much quicker fashion.
In addition, the presence of a postnuptial agreement could clarify the rights and responsibilities of both parties and potentially avoid the animosity or bitterness that may arise over the course of a long marriage and subsequent divorce. A Roswell postnuptial agreements lawyer could go over options for an individual party given their specific circumstances.
Not many people enjoy thinking of the various legally complex aspects of marriage, nor of the life-changing effects a divorce may have upon them. Still, these issues are usually worth considering in the context of a preemptive “postnup,” since family courts in Roswell have great power to order massive changes in every portion of participants’ lives if a divorce does occur.
Most obvious are changes to a person’s property. Georgia functions as an equitable distribution state, meaning any property obtained during a marriage is jointly owned by both parties. In practice, this means a court would order an equitable—though not necessarily even—the division of property during a divorce, but a postnuptial agreement could establish an alternative plan.
A post-marital contract can also address each spouse’s financial future. Courts may order one party in a divorce to pay alimony to the other if their spouse is or was financially dependent on them. The court also has the sole authority to make decisions concerning child custody. While a postnup cannot address child-related concerns directly, it could establish an agreement regarding spousal support in advance.
Just as any marriage is a momentous event that will affect every portion of your future, so too is a potential divorce. Normally, couples have little say over how a court will rule on matters such as property distribution or alimony, but entering into a postnuptial agreement after getting married could provide some certainty to this process.
A Roswell postnuptial agreements lawyer could help you identify your goals and form an agreement that may provide clarity and comfort for both you and your spouse. To schedule an initial consultation, call today to speak with our intake team.