Georgia Postnuptial Agreement Attorneys | Phone: 770-609-1247

Coleman Legal Group, LLC

Call 770-609-1247 now to speak with one of our experienced Postnuptial Agreement Attorneys.

770-609-1247 | Georgia Postnuptial Agreement AttorneysSo what is a Georgia postnuptial agreement?

Some call it an agreement in anticipation of divorce, some have used it to save troubled marriages, and some find that coming to a legal agreement post nuptials is less stressful on the new couple.

While their popularity has been increasing in recent years, postnuptial agreements are much less common than prenuptial ones. The basic idea is the same: these agreements are designed to protect each spouse’s assets in the case of divorce or death, but signing one does not mean that you expect your marriage to end in divorce; in fact sometimes a postnuptial agreement can help you get through a rough patch and avoid separation.

Here are some examples where a Georgia postnuptial agreement can make a marriage stronger:

Revising an previous prenuptial agreement

Many couples who choose to sign a postnup already have a prenup in place but need to make changes due to a significant change in finances. These changes can occur several times as the marriage progresses and financial circumstances continue to shift.

Protecting a business

Most business owners should consider a postnup since a divorce could seriously threaten the financial health of the business as well as adversely affect outside partners and investors.

Resolving disagreements about finances

In many marriages, fights about finances cause the greatest strain on the relationship. Having a mutual financial agreement in place can help alleviate fiscal considerations and burdens and in turn strengthen the marriage.

Adultery / infidelity

Some couples use postnuptial agreements as resources to help manage a straying husband or wife. While the question of whether this will help resolve the issue remains open and is specific to the couple, it has helped people feel more in control of the situation.

If you are thinking about entering a postnuptial agreement with your spouse, understand that the process is not as simple as putting pen to paper and deciding who gets what in the event of a divorce. In Georgia, for this agreement to be legally sound and enforceable, both parties should have individual legal representation and must provide full disclosure of their financial situation (no secret bank accounts!) and the contract should be reasonably fair to both parties.

In any case, you should discuss the possibility of a postnuptial agreement openly with your spouse since they may feel that it would be a good idea as well. As the stigma of these agreements fades, more and more people are realizing that they can be beneficial to your relationship and thus result in a longer-lasting, healthier marriage. As the old adage says, plan for the worst, hope for the best.

The following Georgia state laws / statutes govern how pre-nuptial and post-nuptial agreements are enforced by Georgia courts:

O.C.G.A. § 19-3-60 (2010).  Marriage as Valuable Consideration for Contract: Marriage is sufficient to supply consideration to create a binding contract, but a spouse cannot contract to incapacitate themselves from paying any existing debts.

O.C.G.A. § 19-3-61 (2010).  Effect of Minority of Party to Contract: A marital article is not invalidated if the parties to the contract are minors, so long as they are of legal age to marry.

O.C.G.A. § 19-3-62 (2010).  Marriage Articles: This section defines the term “marriage articles,” as used in other code sections in the article. Marriage articles is defined to mean any antenuptial agreement between the parties to a marriage contemplating a future settlement upon one spouse. It goes on to explain when marriage articles can be enforced and by whom. It further states that an agreement which needs no future conveyance to effect its purposes, is an executed contract and does not come under this definition.

O.C.G.A. § 19-3-63 (2010).  Construction and Attestation of Contract in Contemplation of Marriage: Prenuptial agreements are to be liberally construed to effectuate the intent of the parties. Lack of form or technical expression will not invalidate the contract. Additionally, two witnesses are required.

O.C.G.A. § 19-3-64 (2010).  Voluntary Execution of Agreement; trust deeds: Authorizes a spouse to convey property to the other spouse during the marriage, either by marital article, through trustees, or direct conveyance to the spouse.

O.C.G.A. § 19-3-66 (2010).  Prenuptial Agreements Executed in Favor of Volunteers: States that marriage contracts are enforced at the instance of all persons in whose favor there are limitations of the estate. “Marriage articles shall be executed only at the instance of the parties to the contract and the offspring of the marriage and their heirs; but, when executed at their instance, the court may execute also in favor of other persons and volunteers.”

O.C.G.A. § 19-3-67 (2010).  Record of Marriage Contracts and Voluntary Settlements: Marriage contracts and voluntary settlements made by spouses, regardless of whether made in execution of marriage articles, must be recorded in the office if the clerk of the superior court of the county of the residence of the spouse making the settlement within three months of execution.

Divorce and Family Law – Georgia Areas We Serve

Our Georgia divorce lawyers and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Sharon Springs, Suwanee, Marietta, Woodstock, Sandy Springs, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.

Our Georgia divorce lawyers and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia attorneys practice in the areas of Divorce, Family Law, Bankruptcy, Estates, Wills, Trusts, Sports and Entertainment Law, Immigration and Business Law. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 51
Alpharetta, GA 30022
Phone: 770-609-1247 | Map
Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-609-1247 | Map
Dunwoody / Sandy Springs
GA 400, Atlanta Georgia

1200 Abernathy Road, Bldg 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-609-1247 | Map
Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-609-1247 | Map
Johns Creek / Duluth Georgia
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map
Duluth Georgia
Sugarloaf
2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map
Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map
Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2018 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 51 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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