Postnuptial Agreements

Sometimes, circumstances during a marriage make it desirable or necessary to create a written agreement specifying how property and financial assets will be divided in the event of a separation or divorce or upon the death of one spouse (greatly simplifying the probate process and/or eliminating will contests).

What Is A Postnuptial Agreement?

Whereas a prenuptial agreement contemplates these circumstances before a couple weds, a postnuptial agreement addresses these issues after the ceremony, sometimes many years into the marriage. Certain events such as an inheritance may trigger the desire or need to come to a written agreement on division of assets while the couple is happily married, versus battling over the issue of separate property when the couple is facing separation or divorce and tensions are high.

Contact an Alpharetta lawyer to discuss your needs and the legal options available to you.

As with a prenuptial agreement, the couple must clearly put everything in writing and have at least two witnesses to the contract. Georgia courts recognize postnuptial agreements, though they will look to determine several factors:

  • Was there any fraud, duress, mistake, misrepresentation or nondisclosure in the process of obtaining the agreement of the other spouse?
  • Is the agreement so unfair as to be considered unconscionable?
  • Have circumstances changed since the postnuptial agreement was executed to the extent that enforcement would be unfair and unreasonable?

If the answer to all three questions is no, the postnuptial agreement will likely be considered valid and the court will enforce it.

Discuss Your Situation With A Skilled Attorney

If you are considering creating a postnuptial agreement or need to enforce one due to a separation or divorce, call Hecht Family Law in Alpharetta at 678-926-9234 or fill out the contact form on the right side of this page, and let's discuss your case.

We will help you understand all the legal aspects of a postnuptial agreement and review and/or help you prepare or enforce your own postnuptial agreement.