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Atlanta Divorce Lawyer > Marietta Postnuptial Agreement Lawyer

Divorce is messy and time-consuming. For this reason, couples who are contemplating marriage will often sign a prenuptial agreement. But what happens if you exchange rings without signing anything? Is it too late to protect yourself?

Fortunately, couples can sign an agreement after marriage, which is called a postnuptial agreement. At base, a postnuptial agreement does not differ much from the prenuptial variety. All that differs is the timing. Still, men and women hoping to draft an agreement should work with a seasoned Marietta postnuptial agreement lawyer to make sure they do so properly. Any mistakes in the drafting of a postnuptial agreement could result in a judge refusing to enforce it.

Our clients have used postnuptial agreements to protect themselves should they head to divorce court. Spouses may address alimony and the division of marital property and debts. For example, one spouse might want to classify certain property, like a small business, as separate property so that it is not subject to division if the couple divorces. Taking this step might be essential to attracting business investors or gaining access to credit.

You can also identify in the agreement how much alimony either spouse will receive, or spouses can waive a right to alimony. For example, the lower-earning spouse might agree to a set amount for a definite amount of time, or the couple could agree to an amount based on the number of years married.

People who are happy in their marriages often don’t understand why they would need a document like this. There are several situations, though, where it can make sense.

Maybe you inherited quite a bit of money or property. Although this is your separate property, you might use it in ways that convert it into marital property. For example, spending part of an inheritance to update your home could convert the money to “marital” property. You can use a postnuptial agreement to determine what property will be considered marital in the event of divorce.

You might also have begun drafting an estate plan and become concerned about children from a previous relationship. You can use a postnuptial agreement to protect your children’s rights to your estate.

There are many reasons why even happily married couples would create an agreement. Talk with our Marietta attorney today.

There are things you should do—and things you should absolutely avoid doing—when creating a postnuptial agreement. For example, you should commit it to writing and sign it before two witnesses and a notary public. These formalities are required.

But even before signing, you and your spouse should make a full disclosure of assets. This means letting your spouse know about any inheritance, mutual funds, investments, annuities, or intellectual property that you own. If you hide assets or misrepresent their value, then your agreement might not hold up in court.

Both spouses should have their own attorney who carefully reviews any proposed agreement. Avoid coercing or misrepresenting anything to your spouse.

Postnuptial agreements can provide quite a bit of peace of mind to married couples, allowing the relationship to flourish. For assistance creating yours, please call Buckhead Family Law today to schedule your consultation.

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