A postnuptial agreement in a contract signed by a married couple where the parties agree to certain terms in advance of divorce. A postnuptial agreement can prove valuable for a large number of couples. With the help of a seasoned marital contracts attorney at Bardley McKnight Law, you could develop an agreement that helps you reach your goals. Let a committed Douglasville postnuptial agreements lawyer assist you with developing a document that meets all of your needs.
A postnuptial agreement can address the important issues that will come up if a couple divorces. The contract could determine what property is considered marital as well as establish how that property will be divided. Postnuptial agreements can also determine whether spousal support is necessary and, if so, what amount per month is reasonable. A postnuptial agreement can also be used to determine how debts and assets are handled upon the death of one of the spouses.
There are various reasons a couple may choose to enter into a postmarital agreement, as a well-practiced Douglasville attorney could explain in detail. For many couples, changing financial circumstances make these agreements worthwhile. This could include one spouse inheriting substantial wealth or when a spouse incurs tremendous debt on their own.
Postnuptial agreements are also useful tools for planning for divorce. By entering into these legally binding contracts, it is possible to then go through a divorce without the need for litigating any of the points addressed in the postnuptial agreement.
A postnuptial agreement is also a useful tool for protecting children from a previous marriage. Without having an agreement in place, a parent that passes away could see all of their assets go to their surviving spouse. This could leave children from another marriage with nothing.
Postmarital agreements can also be used to protect closely held businesses. If a small business would be torn apart after distributing it during a divorce, it could be extremely beneficial to ensure it remains whole through the use of a marital agreement.
Postnuptial agreements are recognized and enforceable under Georgia state law. While the courts usually favor enforceability, there are situations where a judge could render the agreement unenforceable. For instance, first and foremost, these agreements must be conscionable. That means it must not be unreasonably unfair to either party. These agreements must also be free from any fraud or duress. Finally, an agreement is only enforceable if both parties willingly enter to it. A knowledgeable postnuptial agreements lawyer in Douglasville could advise when these requirements are met.
There are a variety of reasons why a postmarital agreement might be in your best interest. Though, to get the benefit of this type of agreement requires ensuring the contract is valid.
A skilled Douglasville postnuptial agreements lawyer could help you protect your rights by drafting a viable agreement. Reach out to the dedicated team of attorneys at Bardley McKnight Law to discuss your options today.
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