If your marriage is reaching its conclusion, your next step may be to figure out where to go from here in order to leave no loose ends as well as reconcile issues concerning your marriage. However, matters concerning your marriage may be complicated, and you may need to be ironed out in an agreement that is not only agreeable to you but admissible in court as well.
It is important to face these challenges with help from a family attorney who understands the complexity of marital agreements and how yours might best be constructed. A Sandy Springs martial agreements lawyer could work to protect your rights by providing you with the necessary help with your marital agreement.
It is important to know about the various marital agreements that exist under Georgia law to understand what options may be available in different situations. Depending on the circumstances, prenuptial agreements, postnuptial agreements, separation agreements, or settlement agreements may be appropriate for a particular couple and their Sandy Springs marital agreements attorneys to consider drafting.
A prenuptial agreement is a contract between parties established before marriage that sets forth the desires of the wedding parties in the event that marriage ends. These types of agreements are designed to carry out the wishes of the parties and can save time and money by resolving arguments over certain issues before they have a chance to begin.
A postnuptial agreement is essentially the same as a prenuptial agreement, just one that is drafted during a marriage instead of beforehand. A postnuptial agreement may be a valuable option if circumstances change during a marriage that make it necessary to protect certain property, such as an inheritance.
A separation agreement is a contract created between married parties when those parties want to proceed with a separate maintenance action, which is a legal action to resolve the matters relating to a divorce while keeping the marriage in place. This may be a great option if someone desires to remain married to retain some of the benefits of marriage, including insurance coverage.
A settlement agreement is a contract made between parties intended to settle all matters relating to a divorce. Such an agreement is typically entered into after both spouses finalize all aspects of a divorce they previously filed for, with the end result being a termination of the marriage.
The approval by a judge of a marital settlement agreement is not always guaranteed, as there are many considerations that come into play which can prevent a marital agreement from being approved.
Judges in Georgia have the discretion to either approve or deny all or some of a marital agreement. For example, a proposal included in a marital settlement agreement that does not comply with state child support laws may be a basis for rejecting the entire agreement, or at least the part relating to child support.
Alternatively, if someone forgets to list some portion of marital property in a marital agreement, the court may treat that marital property as the property of both spouses. In other words, any property that is not listed in a marital agreement becomes the property of both spouses after the divorce occurs.
Needless to say, the obstacles that may prevent marital agreements from being enforceable can be numerous. For this reason and many others, it can be crucial to hire a skilled lawyer from Sandy Springs to ensure a marital settlement agreement sufficiently addresses all aspects of a couple’s relationship.
If you unknowingly fail to include property or do not understand the consequences of a marital settlement agreement, you may be setting yourself up for failure. Conversely, knowing your options gives you the power to make informed decisions so you can move on to the next chapter of your life with confidence.
A Sandy Springs marital agreements lawyer could answer your questions and prepare a marital settlement agreement to help you resolve your marital affairs. Call today to speak with our intake team and start exploring what your options may be.