Georgia Prenuptial and Postnuptial Agreements
Prenuptial and postnuptial agreements can effectively reduce the financial uncertainties associated with divorce. Spouses can decide prior to their marriage to enter into a contract known as a prenuptial agreement that specifies the financial outcome of a divorce. Similarly, spouses may enter into a postnuptial agreement after they’re married. Similar to a prenuptial agreement, a postnuptial agreement specifies the division of assets in a divorce.
Enforcing a Prenuptial or Postnuptial Agreement
Generally speaking, to be enforceable, a prenuptial or postnuptial agreement must meet certain requirements which typically include the following: (1) the agreement is in writing and signed and dated by both spouses; (2) the agreement is entered into voluntarily; (3) the agreement discloses the financial status of both spouses or both spouses willingly waived financial disclosure; and (4) the agreement is not unconscionable. Prenuptial agreements are only as strong as the weakest link – failure to disclose even a modest asset may lead to an agreement being invalidated.
Setting Aside a Prenuptial or Postnuptial Agreement
In certain instance, you may be able to set aside a prenuptial or postnuptial agreement. In order to set aside such an agreement requires, the appropriate legal action must be filed. An action to set aside a prenuptial or postnuptial agreement is typically supported by a claim that the agreement is unconscionable or the result of fraud or duress. The party filing the action will have to prove by a preponderance of the evidence that the legal principles of equity require the agreement to be set aside. Unless the parties are able to reach an agreement, the action will be tried by a judge or jury.
Hiring an Attorney
Prenuptial and postnuptial agreements raise serious legal issues and can carry significant implications. If you’re considering a prenuptial or postnuptial agreement, you should do so with the assistance and guidance of a qualified attorney. Additionally, if you’re seeking to enforce or set aside such an agreement, you similarly need the assistance of an experienced family law attorney. We have the necessary experience to assist in this regard. Contact The Zdrilich Law Group today for a consultation.