Postnuptial Agreement in Georgia

In short, under Georgian law, whether a couple is married (through a post-marriage contract) or unmarried (through a prenuptial agreement), they have good opportunities to plan for the future. Question: I know I should have had a prenup before I got married. But I waited too long and got married, and now I don`t know what to do. I think I just put it off and ran out of time. I was afraid, I think, to ask my fiancé at the time (who is now my husband) to make a deal. I knew it was a good idea to get a prenup, but I didn`t. Are post-marital agreements enforceable in Georgia? In addition to the potential issues related to applicability as a whole, there will be times when a single provision of your prenup or postnup can potentially torpedo the entire agreement. The law allows a prenup or postnup to deal with a variety of different future problems, most often including the preservation or division of property (e.g. B the conclusion that a particular separate property should always remain the separate property of a spouse, even though it might otherwise become matrimonial property). In general, you can include any provisions that you and your spouse can agree on. The reservation to this general rule occurs when children are involved. In the case of children, a determination must be in the best interests of the child. That being said, your settlement agreement may include, for example, provisions that divide your savings, debts and property, or even child support and custody provisions, provided that the payments and custody agreement are in the best interests of the child.

Before getting married, many parties consider entering into a prenuptial contract, a contract between two people that will allow them to dictate, in the unlikely event of a divorce, how they will divide their prenuptial property and the property they will acquire during the marriage. This agreement is often referred to as a “prenup”. Such an agreement could also include conditions as to whether one of the parties is entitled to maintenance and the outcome of several other issues. If your prenup agreement was created in accordance with the guidelines of the Internal Code of Georgia, it is a legally binding contract. Some prenups have clauses and provisions for terminating the agreement, but any major changes should be made by submitting an addendum that modifies or updates the original terms. To ensure that the court applies an addendum to your prenup, the circumstances that require a change to the original must change. These changes may include: A reconciliation agreement is a type of post-marriage contract, a post-marriage prenup that a couple who have already considered divorce concludes. Reconciliation agreements may address issues related to the allocation of property, assets and debts, as well as matters related to custody agreements. At Siemon Law Firm, our lawyers assist clients in matters relating to marriage contracts, as well as marriage contracts and separation agreements. From four offices, we serve clients in Atlanta and throughout northern Georgia. Marriage contracts were prescribed in Georgia until the Scherer case of 1982. Scherer, who then allowed their consideration in the division of property during a divorce.

In most divorces, a prenup or postnup is detected and taken into account when resolving issues during the process. However, prenuptial agreements are not automatically enforced, and the final decision as to the validity and applicability of the document still rests with the court. If there is sufficient evidence to indicate possible fraud, coercion or violence or a flaw in the material fact, the court may invalidate the agreement in whole or in part. The concept of marriage contracts is widely known. However, there is another type of agreement that spouses can use to organize their matrimonial and separate property in the event of divorce. These agreements are called post-marital agreements. Georgia is a state of equitable division of property, which means that property is not always divided 50-50 when divorced. Instead, courts consider a number of factors when determining a fair distribution of property. Courts will consider a marriage contract in their asset allocation decisions. There are several reasons to consider drafting a post-marriage contract.

For example, if you inherit a large amount of money after your marriage, you may want to consider a deal. This contract can ensure that your inheritance is passed on to your children from a previous marriage or to other beneficiaries instead of going to your spouse. Child custody is not determined by prenuptial agreements, but you can establish a binding collaborative process when it comes to making arrangements. Answer: Just because you didn`t sign a prenuptial agreement before you got married doesn`t mean you`re not stopping yourself from getting a prenuptial agreement now. .