A Georgia postnuptial agreement (also referred to as an “antenuptial agreement”) is a contract between two spouses that lays out what will happen in the event of divorce. It is similar to a GA prenuptial agreement except it is signed during, rather than before, a marriage.

Like a prenuptial agreement, child support and child custody issues cannot be resolved in a postnuptial agreement in Georgia. Sometimes, postnuptial agreements are made in contemplation of divorce, but that is not necessarily the case. In fact, postnuptial agreements are often used as a way for a couple to minimize tension over finances and save a marriage.

When negotiating a postnuptial agreement in Georgia, it is essential to fully disclose the financial state of the marriage, including all assets and liabilities. Once both spouses and their attorneys have a complete understanding of the marital finances, the postnuptial agreement can address the specific concerns of the parties.

A Georgia postnuptial agreement can resolve how post-marital assets and debts will be divided if the parties divorce. It can determine what happens to property with respect to asset appreciation, financial income and dividends, and proceeds of property in the event of a sale upon a divorce. A postnuptial agreement can also address which spouse will get the marital home.

Additionally, if one spouse is a business owner, a GA postnuptial agreement can determine what will happen to the assets of the business as well as any business debts incurred during the marriage. Any issues relating to inheritances, gifts or trusts can be resolved in a postnuptial agreement, as can alimony payment issues. Indeed, a postnuptial agreement essentially operates as a divorce settlement agreement before a divorce has been filed.

If you are currently married and think that a postnuptial agreement may be right for you, consult with one of our family law attorneys today. We look forward to hearing from you!