Prenuptial and Postnuptial Agreements
Becoming more common precautionary documentation, prenuptial and postnuptial agreements outline what will happen in the event of a divorce, if the marriage reaches that circumstance. In these agreements, you can detail how a post-divorce life would look. This can cover small terms all the way to such things as the division of property and child custody, should you want to do so. At Divorce Lawyers of Sandy Springs, we can help you to outline agreements that will allow you to face your marriage with confidence and clarity, even in times of difficulty.
A prenuptial agreement is a document that is produced prior to the marriage process being entered into. Before any marriage has been finalized, this paper is made so to detail post-divorce terms. This means that you can clearly define the outcome of your assets, in the foundation. It is recommended that in doing this, both future spouses detail their own sides to the agreement, so that it is done fairly and there is no confusion of understanding. Our attorneys can be the perfect ally in helping you to complete this information. Using an honest and unbiased point of view, we will be able to help you to responsibly outline the exactitudes of an agreement, that will be beneficial to you in the case of a divorce.
Postnuptial agreements work in a similar way; outlining how existing assets are used and other key terms, in the event of a divorce. The difference between the two however, is that a postnuptial agreement will be signed during the duration of the marriage. A postnuptial may be the most appropriate option if considering factors such as agreeing on the stance on alimony or what is to happen under the circumstance of major financial change, such as inheritance. It may be that you simply hadn’t considered a prenup beforehand and now feel that a postnuptial agreement would be in your best interest. Whenever it is most necessary to you, ensure that you are given the appropriate, professional guidance.
Enforcing the Agreement
To be able to enforce the agreement that you outline, it must meet certain criteria that maintain legal compliance. Firstly, both parties must fully disclose financial status and remain transparent through the writing of the terms. Both spouses must be completely knowledgeable about the process and there cannot be any coercion or force, from either side, in achieving the agreement. And importantly, Georgia law outlines that neither side can be unconscionable.
Necessity of Attorney
At whatever stage you enter into the reaching of a post-divorce agreement, it is essential that you are guided by an experienced attorney. Our assistance will mean that you can clearly specify and agree on the terms and needs that you have. Not only will we work with proficiency in achieving these, but we will also ensure that the document is passed as valid and able to be enforced in front of a court. We are always attentive and effective in delivering on the needs of our clients and so are your best choice of guidance, with prenuptial and postnuptial agreements.