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Atlanta Divorce Lawyer > Forsyth County Postnuptial Agreement Lawyer

Even if you understand the benefits of creating a marital contract to settle divorce-related issues, many Georgia couples opt out of signing a prenuptial agreement before getting married. Perhaps there was not enough time to sort the details, draw up the documents, and execute them. In some cases, the parties might find the concept unromantic or one may feel pressured to sign. Regardless of the underlying reasons, you might think working out an agreement would be futile once you have already tied the knot.

Fortunately, Georgia law recognizes a similar concept through a postnuptial agreement. You can outline the rights and obligations of each party in the event of divorce, even if you are already married. The legal concepts can be complicated and there can be substantial financial implications, so it is wise to consult with a Forsyth County postnuptial agreement lawyer at Buckhead Family Law before signing. However, you might benefit from reviewing the basics.

Georgia’s statute on marriage contracts covers the prenuptial agreements with which many people are familiar, but it also allows for a similar arrangement after the couple is married. There are certain requirements for executing a postnup, which has a bearing on whether it will be enforceable. Generally, a postmarital agreement cannot be obtained through fraud, misrepresentation, or mistake, and it cannot be unconscionable in terms of fairness. It becomes binding when signed by the parties.

You cannot include any provisions on child custody, visitation, and support in a postnuptial agreement. However, you can address other issues that arise in the event of divorce, so you may:

  • Designate what real estate and personal property are considered marital assets, and which items belong to an individual spouse;
  • Determine how to divide marital property, including interests in a business, retirement accounts, and other complex assets; and,
  • Establish a plan for alimony, including how payments are made and the duration. 

At Buckhead Family Law, we appreciate that a solid foundation is essential for a valid, enforceable, and fair postmarital contract. Our lawyers start by consulting with you to learn your unique circumstances and the goals you aim to achieve. We have considerable knowledge of the applicable statutes, so our Forsyth County postnuptial agreement attorneys can assist with:

  • Preparing a postnuptial agreement on your behalf;
  • Meticulously reviewing a postnup presented to you by your spouse;
  • Engaging in negotiations to protect your interests and promote your objectives; and,
  • Representing you in connection with litigation regarding a postnuptial agreement, whether to enforce the terms or contest validity.

While it is wise to consider an arrangement that dictates what happens in a possible divorce, it is a mistake to try and handle a postnuptial agreement on your own. To learn how our team at Buckhead Family Law supports your interests, please call 470-600-6699 or go online to schedule a consultation with a Georgia postnuptial agreement attorney.

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