Atlanta Postnuptial Agreement Lawyer

Do you have questions about a postnuptial agreement in Atlanta, Georgia? At The Edwards Law Group, our attorneys have over 50 years of combined experience helping families like yours. Call (770) 723-7211 or contact us online to schedule a confidential consultation with an experienced Atlanta postnuptial agreement lawyer who can help protect your interests. 

Every marriage changes and evolves over time. A person’s financial situation can change in unexpected ways as time passes. If your family’s circumstances have changed, a postnuptial agreement may be the key to protecting your finances. 

Why Choose The Edwards Law Group for Help With a Postnuptial Agreement in Atlanta, GA?

Postnuptial agreements can be incredibly sensitive. Even bringing the topic up with a spouse can be difficult. That said, they’re extremely practical. If you’re interested in protecting your finances with a postnup, securing top-quality legal representation is critical. 

Our Atlanta family lawyers at The Edwards Law Group have 50 years of combined experience helping families resolve complicated issues. When you hire us, we can help you identify your priorities and address both current and future concerns.

Our experienced Atlanta family law attorneys can help you find workable solutions to complex disputes. We’ve been recognized by Super Lawyers and Law Firm 500 for our success. To learn more about how we can help you, call today for a free consultation.  

What Is a Postnuptial Agreement?

A postnuptial agreement is a legally binding contract between two existing spouses. These agreements are very similar to prenuptial agreements. The difference is that the couple is already married when they execute a postnuptial agreement. Prenuptial agreements are executed prior to the marriage.  

Marriage is a financial partnership as much as anything else. Two spouses enter into a postnuptial agreement to lay out the terms of that financial partnership. The agreement essentially lays out what will happen with the couple’s assets, debt, and finances if they later decide to divorce. 

What Can I Use a Postnuptial Agreement to Accomplish in Atlanta?

Postnuptial agreements in Georgia can deal with a range of issues. It really depends on your circumstances and concerns. In the most basic terms, a postnup addresses each spouse’s financial obligations and rights. 

The postnuptial agreement can address financial matters that may arise during the marriage, as well as how finances will be handled if you decide to divorce. If you have questions or need guidance, contact an Atlanta divorce attorney today for a confidential consultation.

It’s important to hire an attorney who can ensure the agreement addresses all matters that are important to you.

Postnuptial agreements often:

• Provide a clear list of the couple’s assets and debts
• Identify the separate property of each spouse
• Dictate how the assets and debts will be divided in a divorce
• Dictate how debts and assets acquired during the marriage will be split in a divorce
• Identify any property that will continue to be separate property of either spouse after a divorce
• Spell out each spouse’s financial obligations during the marriage
• Address how spousal support will be handled if the couple divorces
• Address each spouse’s ability to buy, sell, or transfer property during the marriage
• Dictate each spouse’s obligations for saving money during the marriage
• Provide for either spouse’s obligation to pay for insurance, whether during or after the marriage
• Deal with estate planning issues

Postnuptial agreements help a couple deal with reality. They’re extremely practical. It’s very common for couples to disagree over financial matters. 

Postnuptial Agreements in Georgia: An Overview of the Law

Postnuptials are legally binding contractual agreements. They’re enforceable under Georgia law–so long as you satisfy the legal requirements for a contract to become binding. If you ignore the legal issues, a court can later decline to enforce the agreement. 

A Georgia postnuptial agreement will be enforceable if:

• It is in writing and signed by each spouse
• Each spouse entered the agreement voluntarily
• The agreement was not the product of fraud, coercion, or mistake
• Each spouse fully disclosed all information that is relevant to their financial situation
• The agreement is not unconscionable or extremely unfair to either spouse

Courts will examine a postnuptial agreement to determine whether its basic terms are fair. Each spouse should consult an experienced Atlanta postnuptial agreement attorney. When each spouse has an experienced lawyer in their corner, judges are much more likely to enforce any marital agreement. 

What Are the Benefits of a Postnuptial Agreement in Atlanta?

In a divorce, Georgia courts follow an equitable division standard. That essentially means that property is divided between divorcing spouses in a manner that the judge determines to be fair. It is not necessarily a 50-50 split.

A postnuptial agreement allows a couple to sidestep this equitable division standard. The spouses enter a legally binding agreement before any divorce proceedings begin. This allows the couple to decide ahead of time how financial matters should be handled if the marriage ends.

Postnuptial agreements give couples the opportunity to create their own rules for dividing property and financial responsibilities. Instead of leaving these decisions to a judge, spouses can work together to reach an agreement that reflects their priorities and financial goals.

Common Advantages of Signing a Postnuptial Agreement

Couples enter postnuptial agreements for many different reasons. In most cases, the goal is to provide clarity and financial security for both spouses.

Some advantages of signing a postnuptial agreement include:

• Giving each spouse a clear picture of their finances in the event of a divorce
• Allowing couples to communicate openly about financial expectations
• Creating agreements while the relationship is still cooperative
• Protecting family wealth or inheritances
• Providing a way for business owners to protect their companies
• Keeping financial matters private rather than litigated in court
• Protecting one spouse from the other spouse’s debts
• Potentially reducing legal costs associated with divorce

The key benefit of a postnuptial agreement is certainty. By creating an agreement in advance, couples can make thoughtful financial decisions while the relationship is stable, rather than trying to negotiate during a stressful divorce.

Who Can Benefit From Signing a Postnuptial Agreement in Atlanta?

Postnuptial agreements aren’t only for the wealthy. Any couple can benefit. 

Couples who may benefit include those who:

• Have complex financial situations
• Have seen a change in their financial situations
• Are worried about protecting children from a prior marriage
• Have received a significant inheritance or gift
• Own a business
• Wish to protect themselves or their spouse from the other’s debts
• Are sensing changes in the strength of their marriage 

Postnuptial agreements can also be helpful where one spouse is the primary breadwinner. Families work together. One spouse may decide to stay at home and contribute to the household in non-financial ways. That can lead to a situation where one spouse’s finances are much stronger than the other’s. 

Postnuptial agreements can deal with these and other complex family situations. 

Can an Existing Postnuptial Agreement Be Modified or Challenged in Atlanta?

It’s always possible to challenge the terms of an agreement. Courts, however, will generally enforce the terms of a legally executed marital contract. 

To challenge an existing postnup, you’ll need a strong reason. The most common reason is unconscionability. Unconscionable is a legal term that means something similar to “unfair.” If the contract is so one-sided as to be extremely unfair, the court may invalidate the contract.

Postnups can give one spouse more assets or money than the other. 

However, the agreement may be deemed unconscionable if one spouse hid assets or failed to make full disclosure when negotiating its terms. Judges may also decline to enforce an agreement if one spouse prevented the other from consulting a lawyer. 

Can Child Custody and Support Be Determined By a Postnuptial Agreement in Georgia?

No. Postnuptial agreements dictate the terms of the couple’s financial situation. Issues directly related to their children are determined separately.

Child support in Georgia is calculated based on state-mandated guidelines. While a parent can agree to pay more than required, courts will use these guidelines in all cases. 

Child custody issues are determined based on the child’s interests. A “best interests of the child” standard applies in all cases. While two parents can reach their own agreement, courts will not enforce any arrangement that is not in the child’s best interests.  

Contact an Experienced Atlanta Postnuptial Agreement Lawyer for a Confidential Consultation Today

Are you interested in a postnuptial agreement? Do you have questions about enforcing an existing marital contract? Call The Edwards Law Group for a confidential consultation today. An experienced Atlanta postnuptial agreement attorney can help with any legal challenges you’re facing.