Pre and Post-Nuptial Agreements
Pre and post-nuptial agreements get a negative reputation because they focus on what happens if the marital relationship breaks down and spouses head for divorce. However, the counterpoint is that these binding contracts can eliminate the uncertainties that occur with application of Georgia family laws. Prenups and agreements signed after marriage give you more control over your future, so that you have a plan and sense of security. The key to achieving your goals is meeting all legal requirements and addressing the most important topics that arise in divorce.
At Kresky Law, our team is skilled with all aspects of marital agreements. We will protect your interests whether you seek to create one or need knowledgeable advice on a contract that was presented to you. Please contact our firm to schedule a consultation with an Atlanta pre and post-nuptial agreements attorney. Some background information is also useful for understanding how these documents work.
Topics to Cover in Marital Agreements
You can cover almost any subject in your prenuptial or postnuptial contract that you would deal with in a divorce case. The three primary topics for a marital agreement include:
1. Property division and how to distribute assets and debts between the parties
2. Details about alimony, such as what factors make it appropriate, the terms, duration, and other conditions
3. How to handle attorneys’ fees
A key subject you cannot address in a prenup or postnuptial agreement is child custody, visitation, and support. These matters work according to strict legal standards.
Requirements for Valid Prenuptial or Postnuptial Contact
In the event of divorce, the court will enforce an agreement that was properly signed and executed according to law. For instance:
- The contract must be in writing.
- Both parties must sign of their own free will, in the absence of fraud, duress, or mistake.
- There must be two witnesses to observe the parties signing the document.
- The prenuptial or postnuptial agreement must be notarized.
- The parties must disclose documents and information related to their financial situation.
- A court will not enforce a marital agreement that is unconscionable because of being extremely unfair to one party.
Legal Help with Agreements
Kresky Law is knowledgeable about all aspects of these contracts, so we will explain how a prenup or postnuptial agreement affects your rights. You can also trust an Atlanta pre and post-nuptial agreements attorney to assist with preparing and reviewing documents. We will counsel you during negotiations and carefully analyze financial disclosures to ensure fairness. If it becomes necessary to take enforcement action, we will take your case to court.
Call Now to Speak to a Georgia Pre and Post-Nuptial Agreements Lawyer
There are numerous benefits to preparing these agreements, and you are in the best position to take advantage of them when you have legal help. Our team at Kresky Law has extensive experience with drafting, document review, and negotiations, so please contact us today. We are happy to set up a case evaluation with a knowledgeable Atlanta family law attorney who will advise you on options.