A postnuptial agreement may be more difficult to accomplish than a prenup contract because the two parties would already be married, and one of them may be surprised at the suggestion to draft it. They may have thought that the marriage was going well and could be put off by the mention of a postnup agreement. The concept of a prenuptial agreement is well-established in pop culture and society, so the emotional aspects of a marriage would not be as prevalent in a postnuptial agreement situation.
Your spouse may find it difficult to agree to drafting a postnup, so you should consult a postnuptial agreements attorney to learn about the benefits this kind of contract can bring to your marriage. For help with understanding the unique aspects of Atlanta postnuptial agreements, it is best to enlist the professional services of a dedicated legal advocate.
A postnuptial contract can address marital property similarly to how a prenuptial agreement would. A postnup may help divide a couple’s current property as well as allocate future assets in the event of a divorce. A postnuptial agreement can also resolve issues related to spousal support or alimony by establishing certain spousal obligations. However, some of the unique aspects of Atlanta postnuptial agreements which involve spousal maintenance may be difficult to understand without the guidance of qualified legal counsel.
A postnup can also be used to distribute assets upon the death of one of the parties. A postnuptial agreement could also allow a spouse to waive their beneficiary rights to those assets outside of what are otherwise provided in the agreement.
A spouse who receives significant inheritance or has a family business can use a postnuptial contract to ensure that it continues to their descendants. Doing so would prevent the other spouse from claiming those assets in a divorce. This is a unique aspect of Atlanta postnuptial agreements and should be discussed with an experienced attorney during the drafting stages.
Additionally, a postnuptial agreement could protect a spouse’s business partners from having the company involved in the dispute or potentially have that party awarded a portion of it. The contract can waive any interest a party might have in a company, thereby protecting a spouse’s business partners as another unique aspect of Atlanta postnuptial agreements.
A postnuptial agreement can account for any assets acquired by a spouse after their entry into the contract so that it is deemed to be separate property under Georgia law regardless of when it was obtained. Unique aspects of Atlanta postnuptial agreements may also involve quantifying any separate properties, such as inheritance or gifts from non-parties, which would not be subject to any claims in a divorce case. Understanding what can go into an effective postnup contract may be challenging, so it is advisable to retain legal representation before entering into any agreements with your spouse that may affect your future. Contact our firm for more information.