Can a Prenuptial Agreement be Done After Marriage?
When you think about a prenuptial agreement or postnuptial agreement, what comes to mind? For most people, prenuptial and postnuptial agreements, or prenups and postnups, conjure negative thoughts and an assumption that signing one means you’re preparing for or expecting divorce. However, it couldn’t be more opposite.
In this blog post, we’re going to explore the benefits of prenups and postnups and how each can provide peace of mind in your marriage.
What is a Prenuptial Agreement and Postnuptial Agreement?
A prenuptial agreement is signed prior to marriage and establishes the property and financial rights of each spouse should the marriage end in divorce. A postnuptial agreement is essentially the same thing but signed after the marriage.
Tip:
If your spouse comes to you with a prenup or postnup, don’t get defensive! It’s a tool, not a bad omen. Watch this video for more information⤵️
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Why Get a Prenuptial or Postnuptial Agreement?
A prenup or postnup can be a helpful tool that allows you and your partner to set certain parameters and terms in your marriage. There are a lot of different reasons a prenup or postnup could be beneficial to you and your spouse:
📄 If one spouse is wealthier than the other, a prenup can help protect property and finances.
📄 A prenup can help protect from debts one partner may have accrued prior to marriage.
📄 If you or your spouse has family property or heirlooms, a prenup can protect those assets.
📄 A prenup can help you avoid extensive court proceedings in the event of divorce.
Prenups and postnups are often looked at in a negative light, but according to Mediate.com, as many as 44 percent of singles now believe that it’s a salient idea to enter into a prenuptial agreement before getting married.
What Can’t Go into a Prenuptial or Postnuptial Agreement?
A prenup or postnup can include a lot of things, but it can’t include child custody issues or child support. Additionally, it can’t include anything that violates the law, unreasonable terms or anything that encourages or incentivizes divorce.
What Makes a Prenup or Postnup Valid in Georgia?
For a prenup or postnup to be valid in the state of Georgia, there is a three-pronged test for determining enforceability. Here is what the party seeking enforcement bears the burden of proof to demonstrate according to Scherer v. Scherer, 249 Ga. 635 (1982):
- The antenuptial agreement was not the result of fraud, duress, mistake, misrepresentation, or nondisclosure of material facts;
- The agreement is not unconscionable; and
- Taking into account all relevant facts and circumstances, including changes beyond the parties’ contemplation when the agreement was executed, enforcement of the antenuptial agreement would be neither unfair nor unreasonable.
Do You Need an Attorney to Draft a Prenup or Postnup?
Although it’s not required to retain counsel to draft a prenup or postnup agreement, drafting any legal document without the skills or knowledge of an attorney can be risky. An experienced attorney will be able to help you navigate the complicated legalese, provide helpful advice for what to include in your prenup or postnup, and provide general support in case you have any questions or concerns.
If you have questions about prenuptial or postnuptial agreements, contact the attorneys at Brown Dutton & Crider today. Call (678) 647-6819 to schedule a consultation or contact us here.