For this reason, many couples are now deciding to make those decisions at a time when they get along best: before they walk down the aisle. This is where our Athens GA Prenuptial Agreement Lawyer can assist you.
Marital Agreements Can Protect Both Parties
Postnuptial agreements must be negotiated and drafted with the guidance and care of an experienced attorney. Like a prenuptial agreement, a postnuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that affects public policy.
At the Law Office of Samuel E Thomas, LLC, our postnuptial attorney in Athens GA pays close attention to the goals, needs, and circumstances of each of our clients when drafting, negotiating and litigating these vital agreements. Some cases of Athens GA postnuptial agreements involve spouses who may be going through marital problems but would be willing to try to work it out if they felt that their assets were protected. If both sides can agree, a postnuptial agreement is an excellent way to preserve the marriage while still recognizing these individual interests.
To be valid and enforceable in Georgia, every prenuptial or postnuptial agreement must meet the following criteria:
- Be in writing;
- Fully disclose the assets and debts of each party;
- Be fair when entered into;
- Have notarized signatures; and
- Not be against public policy (e.g., a party contracting for some illegal act).
Prenuptial agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be substantially fair and executed in a procedurally fair manner.
A prenuptial agreement is a contract between two people about to wed that spells out how assets will be distributed in the event of divorce or death. Such agreements can vary widely, but commonly the content includes provisions for division of property and spousal support in the event of divorce or breakup of the marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may also be included.