Georgia Prenuptial & Postnuptial Agreements: What Can I Do?

Posted by William H. Sherman on Jun 27, 2018 | 0 Comments

Question: I know I should have gotten a prenup before I got married. But I waited too long and got married, and now I'm not sure of what to do. I guess I just put it off and then I ran out of time. I was afraid, I think, to ask my fiancé at the time (who's now my husband) to get an agreement. I knew it was a good idea to get a prenup, but I didn't.

Now we've been married for about a year and I'm not sure that our marriage will survive much longer. I think my husband might be cheating and I just feel like a divorce is possible. This is my third marriage and I'm feeling like I did with the other two marriages, like there's something wrong.

My first marriage ended in divorce when I caught my husband cheating with our neighbor. And in the second marriage, my husband was abusive and he drank and gambled a lot; he was a huge alcoholic and had a gambling problem.

My new husband, I thought he was great, but I think he's doing drugs, overspending and he might possibly be gay. I caught him sniffing some white powder that I think was cocaine. He denied it was a drug and said it was some sort of cold medicine. But I've never heard of cold medicine that you snort up your nose.

My parents had a prenup and it made their marriage stronger, my mom said. Because of the prenup they never got into fights about money and everything was very calm. They said it was a great thing to get and it helped keep them married. They said they always knew where they stood in terms of money and property, so there was no need to fight.

So I really should have done a prenup and I'm writing to a Georgia prenup lawyer to find out if I can do anything now that I'm married that would be like a prenup. Thank you in advance for answering my question.

K.O. in Atlanta, Georgia

Answer:  Just because you didn't execute a prenuptial agreement before you were married doesn't prevent you from getting a postnuptial agreement now. A postnuptial agreement is for people who are already married. 

A Prenuptial Agreement

For many Atlanta couples, a prenuptial agreement is a very wise choice. A prenuptial agreement is to help you protect premarital assets and plan for whatever the future may bring, as you enter your marriage relationship. As Atlanta prenuptial agreement attorneys, we draft and review prenuptial and postnuptial agreements.

Prenuptial agreements are frequently considered by individuals who own businesses, or have other valuable assets or property, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. But people in all different types of financial situations utilize a prenup. A prenuptial agreement, under Georgia law, must be substantially fair, and executed in a procedurally fair manner.

A prenuptial agreement is actually a contract between two people about to wed that spells-out in detail out how assets will be distributed in the event of divorce or death. Such agreements can vary quite widely between couples, but commonly they include provisions for division of property and spousal support in the event of divorce or breakup of marriage.

A Postnuptial Agreement

A postnuptial agreement is very similar to a prenuptial agreement; however, it is a contract that is written after a couple gets married. It is drafted and executed to settle the couple's affairs and assets in the event of a legal separation or divorce.

Postnuptial agreements must be negotiated and drafted with the guidance and care of an experienced family lawyer. And like a prenuptial agreement, a postnuptial agreement must be voluntary, signed by both spouses, and cannot contain anything criminal or anything that runs counter to public policy.

In short, under Georgia law, whether a couple is married (through a postnuptial agreement) or unmarried (via a prenuptial agreement), they have good ways of planning for the future.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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