Even in the most healthy and functional marriages, creating and signing an agreement may help to clarify and outline the needs of both spouses. If you and your spouse are looking to create a legal agreement within your marriage, reach out to an Atlanta postnuptial agreement lawyer to discuss solidifying your future.
Even when both spouses are mutually interested in creating an agreement, however, arranging a contract may prove to be difficult without the aid of a knowledgeable family attorney. With legal counsel on your side, you could understand your rights and have a guide through each step of the agreement process to try and avoid having a claim challenged by a court.
Essentially, a postnuptial agreement is a binding and enforceable contract between spouses. The primary difference between this kind of agreement and a prenuptial agreement is when they are signed. As their names suggest, a postnuptial agreement is created after the marriage, while a prenuptial is signed before a marriage begins.
However, both types of agreements may cover the same or similar elements of a marriage. Some of the most common topics include:
However, the extent of what may be covered within a contract is far-reaching. Due to this, spouses looking to build a postnuptial agreement may benefit from the experience of an Atlanta attorney to help clarify their options.
Any martial agreement is only legally legitimate if it would be held enforceable under the scrutiny of a court in the event that one of its involved parties challenged their obligations under it. Therefore, crafting an agreement that withstands these challenges is essential for a successful and legal contract.
Postnuptial agreements must be composed in a way that avoids these challenges. Courts often scrutinize every element of an agreement for signs of coercion or duress.
What Cannot Be Covered in an Agreement?
While a postnuptial agreement can cover a wide variety of issues and circumstances within a marriage, they cannot be used to resolve child custody or child support. These exceptions are because issues of custody focus on the best interests of the child, and issues of child support focus on the both parents’ income and the child’s financial needs, which cannot be determined at the time of the signing of a postnuptial agreement.
If you want to outline your rights and obligations with your spouse or want to resolve a dispute within your marriage without filing for divorce, call an Atlanta postnuptial agreement lawyer about your legal options. While these contracts may help to solidify your legal standing, however, creating an agreement that withstands challenges is often difficult if you are underprepared.
By enlisting a determined and well-versed attorney, you could work to craft an arrangement that suits your interests. To understand more about postnuptial agreements and how you may start building one, call a legal professional today.