Skilled Attorney Advises on What You Need to Know About Prenuptial & Postnuptial Agreements in Georgia
Responsive counselor drafts documents that provide peace of mind
For years, people thought only wealthy couples needed prenuptial agreements. Today, couples of all economic backgrounds find they can benefit from these documents, which provide financial security in the event of divorce. At The Law Offices of Daryl L. Kidd, P.C., our Marietta attorney helps couples throughout the Atlanta metro area create valid, enforceable prenuptial and postnuptial agreements that protect their assets and relieve some of the stress should their marriage come to an end.
What are prenuptial and postnuptial agreements, and why are they important?
These agreements, often referred to as prenups and postnups, are contracts that spell out how the couple’s assets and debts will be divided in the case of divorce or death. The difference between them is simply when they are drafted: prenups are agreements couples make before they wed, and postnups are enacted once a couple is married.
Couples choose to create a prenuptial or postnuptial agreement for a wide range of reasons:
- Each spouse has a career.
- One spouse has far more assets or debt.
- A spouse receives a large inheritance during marriage and wants to keep it in the event of divorce.
- At some point during the marriage, one spouse’s economic situation deteriorates while the other’s improves greatly.
Whether signed before or during marriage, these agreements should reflect each couple’s unique circumstances and goals. The agreements we draft for clients at our Marietta office are all fully customized.
What is covered by a prenuptial or postnuptial agreement?
Through these agreements, couples can negotiate many aspects of their financial relationship. They can designate certain property as part of the marital estate, subject to equitable distribution in divorce, and other property as separate and not subject to division if the marriage ends. The contract should be very specific about significant pieces of property, ranging from houses to vehicles to the value of bank accounts and retirement accounts, and any other items that would be subject to division. An inheritance received by one spouse during marriage is one of the most common reasons couples seek a postnuptial agreement, so the inheriting spouse receives everything a loved one intended them to have.
A spouse may use prenups or postnups to waive spousal support. However, the couple cannot waive child support, since a child’s financial welfare is the responsibility of both parents.
What makes a prenup or postnup invalid?
Well-drafted marital contracts are enforceable under Georgia law, and it is very likely the judge will approve the agreement and incorporate it into your divorce decree. However, courts can refuse to enforce the agreement if it determines that:
- The agreement was obtained through fraud, duress, mistake or misrepresentation/non-disclosure of facts (such as when a spouse lies about his/her financial position when negotiating the prenup).
- The agreement is unconscionable, meaning it is grossly unfair to one spouse.
- The facts and circumstances have changed since the agreement was signed, making it unfair or unreasonable.
Whether you seek help drafting, enforcing or questioning the validity of a prenup or postnup, Marietta divorce attorney Daryl L. Kidd has the skill and experience to protect your interests.
Contact a seasoned Georgia lawyer who handles prenuptial and postnuptial agreements
A carefully drafted prenuptial or postnuptial agreement can go a long way toward providing security and reducing stress in the event of a divorce. The Law Offices of Daryl L. Kidd, P.C. drafts these agreements for clients throughout the Atlanta area, and we help resolve disputes over existing agreements. Call our Marietta office at 888-532-8543 or contact us online today. We offer a reduced rate for initial consultations and flexible office hours to fit your schedule.