If you are enjoying a healthy marriage but want to better clarify things with your spouse in terms of assets and rights, a postnuptial agreement can be a wise decision.

A postnuptial agreement allows spouses within a marriage to create a legal and mutually beneficial agreement in the case of a divorce. This includes clarifying how assets are divided; how assets are protected; and how spousal support will be determined in the event of a divorce.

Marple Family Law is here to help make the process as simple as possible as a trusted postnuptial agreement attorney in Atlanta.


How Is a Postnuptial Agreement Different from a Prenup?

Essentially, a prenup and a postnup are the same things — the main difference is the timing of when they are signed.

A prenup is signed before (or “pre”) the marriage, while a postnup is signed after (or “post”) the marriage.

Other than the timing, most of the components of the agreement are the same.

Reasons for a Postnuptial Agreement

Even if you are enjoying a peaceful and healthy marriage, there are multiple reasons and benefits to creating a postnup. Some ways a postnuptial agreement helps protect both spouses and provides clarity in the event case of a future divorce include:

Protecting personal property and assets from division in the long-term

Protecting future inheritances

Outlining the various rights of each spouse

Shortening the legal process since many decisions are already made

Significantly reducing the cost and time needed in court

Why are Postnuptial Agreements Sometimes not Enforced?

Georgia courts may review postnuptial agreements to make sure they are legally enforceable.

If a judge reviews a postnup and determines it is unenforceable for legal reasons, then the judge can invalidate either all or a portion of the agreement. Because of this, it is important to make sure the correct process and steps are followed and transparency is involved in the process.


How Does Marple Family Law Help You Enter Into a Postnuptial Agreement with Confidence?

Due to the need to establish a postnup with transparency and agreement, it is important to make sure the process is followed so that the agreement is binding if it is ever needed in court.

This is why it is important to have an expert postnup lawyer on your side like Marple Family Law.

With our team working for you, we make sure the agreement is drafted correctly and follows the necessary steps to ensure its enforceability, while also making sure you are represented fairly in the agreement.

We would be happy to discuss your specific situation and how we can help you. Contact us today to get started.

Postnuptial Agreement FAQs