Suwanee Postnuptial Agreements Lawyer

When it comes to marital contracts, prenuptial agreements get most of the attention. While they may not be better known, postnuptial agreements are just as important.

When a couple does not have time to create a prenuptial agreement before their wedding, or when they have a change in circumstances in their marriage, they often create postnuptial contracts that protect their joint and separate property. If you are considering creating such an agreement with your spouse, a Suwanee postnuptial agreements lawyer can help. A dedicated family attorney can work to make sure that the agreement accurately represents your interests and is fair to you.

What is a Postnuptial Agreement?

A postnuptial agreement is essentially the same as a prenuptial contract, except that a married couple drafts it after the wedding rather than before. Under Georgia law, a postnup must be in writing, witnessed by two people, and signed voluntarily by both parties.

A judge will generally uphold a valid post-marital contract and will only invalidate it for certain reasons. For instance, if the parties lied about their worth, hid assets, or were otherwise untruthful, a judge might refuse to enforce the agreement. Additionally, postnups could be invalidated if the parties’ financial status changed dramatically since the time it was signed.

Finally, a judge could decide not to uphold a postnuptial contract if it is unconscionable and would leave one party destitute. It can be challenging to convince a judge that a marital agreement is void due to unconscionability. In most circumstances, the judge in a case will honor the parties’ postnuptial agreement except in extreme situations.

Benefits of Creating a Contract

Without a post-marital agreement, a married couple will split up all of their assets, debts, and income in an equitable manner during a divorce. There is no guarantee that either person will receive the property or assets that they want, and a judge is not required to split up the marital property evenly.

Marital property includes most things that a person owns during a marriage. Everything from a person’s retirement account, investment savings, individual bank accounts, and property owned in one person’s name alone is included and divided up as part of the marital estate during a divorce.

A postnuptial agreement can keep assets like retirement savings separate from the marital property so that a judge cannot give that asset to the other spouse. In the same way, a postnup can protect one spouse from taking on the debts of the other after the marriage ends.

Not every marriage ends in divorce. When a married person passes away, their spouse generally inherits most of their property. A postnuptial agreement can keep property separate so that a person’s children or heirs inherit rather than the spouse.

What Cannot be Included in a Suwanee Post-Marital Agreement?

A postnuptial agreement can cover a wide array of financial topics. In addition to concerns such as alimony or spousal maintenance and the division of property, couples can include terms that require each other to maintain a health insurance or life insurance policy or to complete or update a will.

However, these contracts cannot determine issues of child custody or child support. It is against public policy in Georgia for parents to restrict child support, child custody, or visitation in a postnup. Parents will have to decide on these issues at the time of their divorce rather than before.

Finally, a judge will generally not enforce parts of a postnuptial agreement that govern each spouse’s behavior during marriage. These types of domestic concerns are usually not litigated in a divorce.

Learn More from a Suwanee Postnuptial Agreements Attorney

Marital contracts such as a postnuptial agreement can help create plans for the unexpected. If you or your spouse have assets or property that you want to protect, a Suwanee postnuptial agreements attorney may be able to help you create a contract that fits your family’s needs. Call today to get started.

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