Understanding How a Post-Nuptial Agreement Works in Georgia

Due to celebrities worldwide and the news industry following their relationships in and out, the term pre-nuptial is a generally understood concept of pre-arranged legal terms for assets and finance prior to a marriage occurring. However, a post-nuptial is a relatively unknown term, even today, because it is not frequently used. Yet, as folks are looking for ways to establish amicable paths out of marriages on their ways to ending, post-nuptials are beginning to make a lot of sense, including for couples counseled by Fulton County nuptial agreement attorney.

What Exactly is a Post-Nuptial?

Similar to a marriage pre-nuptial agreement, a postnuptial agreement incorporates a binding agreement between both marriage partners, but it is specific to how assets, money, property and similar get distributed or handled in the case of one passing, both passing or a divorce. Some might argue it’s a bit morbid to think about at first, but a post-nuptial actually cuts down on a lot of the confusion and angst that otherwise occurs in a divorce process or a probate process without a will. Instead, the terms are set, agreed to, and defined. They simply have to be executed when the time trigger occurs. And, unlike a pre-nuptial, which sets in place doubt before a marriage occurs, a post-nuptial is based on an equal footing of partners already married and looking forward on how to handle the future the best way possible. And it’s available through a post nuptial agreement attorney Fulton County GA resource.

A Post-Nuptial vs Estate Planning

Why is a post-nuptial a better option than a will? Where a simple will is specific to the individual, a post-nuptial involves both partners and affects community property. A will can’t distribute community property in total; it can only distribute that share owned by the individual, so things are still a bit messy applying a will if someone passes prematurely.

A post-nuptial can spell out all types of proceedings for the future on a defined separation. And that can include agreement to financial obligations like how financial resources are split, alimony is handled, the treatment of a business owned by one or both partners, and even big financial changes that occur during a marriage that were unexpected.

Are Post-Nuptials Possible in Georgia?

In short, the answer is yes. Post-nuptials were recognized by state caselaw in 1981 (see Sanders v. Colwell, 248 Ga.376). The court has found such agreement to be legal if they avoid three specific criteria of what cannot occur. If an agreement occurred under any of these conditions, it would be invalid. They include:

• Agreements made by fraud, coercion, duress or a misrepresentation
• Agreements that are so off-balance, they would be considered unreasonable by an average person
• The life of the parties has changed so dramatically, the court finds executing the agreement now would be unfair.

In short, only the court can determine a post-nuptial is invalid in Georgia once it is agreed to and signed by the parties. And a post nuptial agreement attorney in Fulton County GA would make sure a well-crafted agreement qualifies.

Ingredients of a Solid Post-Nuptial Agreement

Designed well, such as those written by North Georgia Family Lawyers, LLC, a dependable post-nuptial will address both debts and financial assets, how debts will be addressed going forward, what to do with expected inheritances or gifts, other predictable income, and definition of all community-owned property. The agreement will also spell out procedures if one of the partners die early, what income share or support will be provided in divorce, how property will be separated in a divorce, and how insurance should be managed. No agreement will cover every possible angle, but the above covers a good majority of nuptial critical issues.

Divorce in Georgia Fulton County doesn’t need to be a drawn-out battle. The Fulton County divorce law recognizes post-nuptial agreements, and divorce attorney Fulton County resources can easily provide them for couples thinking an amicable divorce is a better path.