At Miles Hansford, LLC, our team of experienced family law attorneys understands that life is unpredictable and circumstances can change over time. That's why we offer comprehensive legal services, including expert guidance on postnuptial agreements. If you are in Cumming or the surrounding areas and are considering a postnuptial agreement, our skilled lawyers are here to assist you every step.
Call Miles Hansford, LLC, today at (770) 574-6688 or contact us online to schedule a meeting with our postnuptial agreements attorney in Cumming!
What is a Postnuptial Agreement?
A postnuptial agreement, often called a "postnup," is a legally binding contract entered into by married couples after they have tied the knot. Much like a prenuptial agreement, a postnuptial agreement outlines the financial and property-related arrangements between spouses in the event of a divorce or separation. However, unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are executed during the marriage.
Postnuptial agreements serve as a proactive measure to protect the interests and assets of both spouses should their relationship face unexpected challenges. These agreements can provide clarity and structure in various aspects of a marriage, from financial matters to property distribution.
What Does a Postnuptial Agreement Cover in Georgia?
In Georgia, postnuptial agreements can address various issues and concerns. Some of the critical elements that can be included in a postnuptial agreement are:
- Property Division: Postnups can specify how marital assets and debts will be divided in the event of a divorce or separation. This can be particularly important for spouses who wish to protect separate property or ensure an equitable division of assets.
- Alimony (Spousal Support): The agreement can establish terms for spousal support or alimony, including payment amount and duration. This can offer financial security to one or both spouses, depending on the circumstances.
- Business Interests: If one or both spouses own a business, a postnuptial agreement can outline how business interests will be treated in case of divorce, including ownership and valuation issues.
- Inheritance and Estate Planning: Postnups can address how inheritances and estate assets will be managed and distributed, helping protect family legacies and estate plans.
- Debt Responsibility: The agreement can specify who will be responsible for certain debts acquired during the marriage, providing clarity and protection for both parties.
- Child Custody and Support: While postnuptial agreements cannot make binding decisions regarding child custody and child support, they can include provisions for alternative dispute resolution methods to help resolve child-related issues amicably.
It's essential to note that postnuptial agreements must adhere to Georgia's legal requirements to be enforceable. They must be fair and reasonable, with full disclosure of assets and liabilities from both spouses. A knowledgeable Cumming postnuptial agreement lawyer must ensure your agreement complies with state laws and will stand up in court if challenged.
Postnuptial agreements offer numerous advantages for married couples in Georgia:
- Protection of Assets: By clearly defining property rights and financial responsibilities, postnuptial agreements can safeguard the assets you've acquired before and during your marriage.
- Conflict Resolution: Having a legally binding agreement can help prevent disputes and reduce the potential for lengthy and costly court battles in the event of a divorce.
- Financial Security: Postnuptial agreements can provide financial security to both spouses by specifying alimony terms and addressing debt distribution.
- Preservation of Family Wealth: If you have family wealth or inheritances to protect, a postnuptial agreement can ensure these assets remain within your family's control.
- Clarity and Predictability: These agreements provide clarity and predictability, reducing uncertainty during an emotionally challenging time.
Contact Our Cumming Postnuptial Agreement Attorney Today
At Miles Hansford, LLC, we understand the importance of safeguarding your financial future and protecting your interests within your marriage. Our skilled Cumming postnuptial agreement lawyers have the knowledge and experience to guide you through creating a legally sound and enforceable postnuptial agreement tailored to your specific needs and circumstances
Contact Miles Hansford, LLC, today to schedule a consultation with our postnuptial agreements lawyer in Cumming!
Kevin J. McDonoughAttorney & PartnerKevin McDonough, a Partner at Miles Hansford, LLC, focuses his practice on three areas of law: Family Law, Business Law, and Wills and Estates. He works closely with his clients to help identify the goals that are most important to them and then applies a ...
Deborah Anice PittmanAttorney & PartnerDeborah Anice Pittman joined Miles Hansford, LLC in 2016 and is now a Partner in the firm. Her primary practice areas are family law and criminal defense; however, she also handles general civil litigation matters and is a certified civil and family law ...
I had a BUI case in Hall County and Brian and his team did better than I could have ever expected. He found several problems and mistakes the officer had that allowed us to get evidence suppressed.
- We Provide a One-on-One Client Experience
- We're Committed to Finding a Solution
- Years of Collective Legal Experience
- We Want the Best for Each Client