Newnan Lawyer Develops Legally Enforceable Postnuptial Agreements
Firm advises Georgia spouses on ways to avert potential disputes
Though not as common as prenuptial agreements, there are instances where circumstances compel couples who are already married to negotiate an agreement regarding potential divorce terms. At the Law Office of S. Mark Mitchell, LLC in Newnan, I am an experienced Georgia family lawyer who skillfully negotiates, drafts and enforces postnuptial agreements.
What Is a postnuptial agreement?
A postnuptial agreement is one made between a husband and wife while they are married. It therefore differs from a prenuptial agreement, which a couple may execute in advance of marrying each other. There are several reasons why spouses might choose to create a postnup, such as changes in their finances, concerns about business ownership or to resolve disputes, real or potential, that could arise if the parties were to divorce, making the legal process longer and more expensive.
Key elements of a Georgia postnuptial agreement
In order to be valid under Georgia law, a postnuptial agreement must meet certain criteria, including:
- Full disclosure of each party’s finances and assets
- Mutual, voluntary agreement to all of the terms
- Terms that are reasonably fair to both parties
- Adherence to standard contractual formalities, such as a document signed by both spouses
Postnups often address such issues as the division of assets, spousal support and the treatment of future earnings or inheritances. Consulting with a seasoned attorney is vital, because your efforts at negotiation will amount to nothing if a court refuses to enforce the document. Whatever your particular goals entail, I will strive to help you complete an agreement that addresses your concerns and is legally valid.
Why choose a postnuptial agreement?
Postnuptial agreements can be helpful to married couples in a number of circumstances, such as:
- Protecting business interests or family property
- Formalizing divorce terms in the wake of infidelity or major life changes
- Clarifying financial obligations during the marriage
- Protecting children from previous relationships
A well-drafted postnuptial agreement could strengthen your marriage by promoting honest communication and removing uncertainty about financial security if the relationship ends.
Enforceability of postnuptial agreements
A postnuptial agreement will be enforceable if it satisfies the following conditions:
- In writing
- Voluntarily signed by both spouses
- Reasonably fair
- Not based on fraud or misrepresentation
Among the circumstances which might give rise to a legal challenge to enforceability are:
- Coercion of one of the parties
- Lack of disclosure regarding finances
- Unconscionability, a legal term for unfairly one-sided terms
- Fraudulent inducement to enter into the contract
I will carefully negotiate and prepare your postnup to minimize the chances that the a court will reject it.
Contact a knowledgeable Georgia postnuptial agreement attorney
At the Law Office of S. Mark Mitchell, LLC in Newnan, I provide personalized counsel to clients regarding postnuptial agreements and other family law issues. If something has occurred in your life or marriage that you might want to address in one of these enforceable documents, please call 470-344-8550 or contact me online to schedule a free consultation.
