Prenuptial and Postnuptial Agreements

Do We Really Need a Prenup?

As unromantic as they sound, prenuptial agreements can be quite useful under certain circumstances. If you have questions about a prenup, the attorneys at the Fulton County law firm of Salata & Reese, LLP, in Alpharetta, can answer them.

Free consultation. Call today to schedule: 678-942-6937

Who Should Get a Prenup?

Prenuptial agreements work well for couples who have:

  • Disparate assets. If one partner owns a house or has an investment account, you should decide if that property will remain under separate ownership or become shared marital property.
  • Disparate debts. If one of you has a large student loan, the other may get stuck with it should you divorce.
  • Disparate incomes. If one partner makes significantly more money than the other, you can set a minimum or maximum limit on what the higher wage earner can pay. However, judges may throw these agreements out when determining spousal support.
  • Children from another marriage. The prenup can spell out who will pay certain expenses for children from a previous relationship.

What Is a Postnuptial Agreement?

Postnuptial agreements are becoming more popular in Georgia. In general, they may be used to revise a prenup or protect a business in the event of divorce. Some couples use them to reduce fights over money or to "fine" an unfaithful spouse. To have an enforceable postnuptial agreement, both parties must have their own lawyer, they must disclose all their finances, and the contract should be fair to both parties.

Contact Us Regarding Pre- or Postnuptial Agreements

Prenuptial and postnuptial agreements are not for everyone, and a poorly crafted agreement may be thrown out of court during divorce proceedings. It may also be tossed out if you can prove that you were coerced into signing it or did not know what you were signing. Contact us for professional assistance in this matter online or by phone: 678-942-6937.

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