Marital Agreements Lawyer in Cumming
Prenuptial and Postnuptial Agreements
Marital agreements, including prenuptial and postnuptial agreements, are used to identify separate and marital property and how assets will be split in the event of a divorce. If you are considering one of these agreements, contact The Epps Law Group to discuss your situation with our Cumming marital agreements attorney.
What is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenuptial agreement, except it is signed after a couple is married. Like a prenuptial agreement, marital agreements signed during a marriage spell out how assets will be divided, should the couple divorce. There are many reasons for couples to create these agreements and having one in place allows the couple to make important decisions without the emotional aspect of a looming divorce.
Some of the common reasons for drafting a postnuptial agreement include:
- A major change in the couple’s financial situation
- To protect the interests of biological children from prior marriages
- To protect one spouse from financial obligations due to a judgment against the other spouse
- For the purpose of preserving business assets
When entering into a prenuptial or postnuptial agreement, it is a good idea for each spouse to be represented by a Cumming marital agreements lawyer. An attorney can guide you through the process, inform you about factors you may not have considered, and ensure that your rights and best interests are protected.
Requirements of a Valid Postnuptial Agreement
Although this type of marital agreement is similar to a prenuptial agreement, there are specific requirements. The court must analyze the agreement to ensure that it meets certain criteria. The court wants to make sure that the agreement was not obtained by fraud, duress, misrepresentation of material facts, and that the agreement is fair and reasonable.
We encourage you to contact The Epps Law Group at (678) 257-4507 to arrange a free consultation.
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