A post-uptial agreement is very close to a marital agreement; However, it is a written contract after the marriage of a couple. It is designed and executed to settle the couple`s affairs and assets in the event of separation or divorce. In addition to possible applicability issues overall, there will be times when an individual layout in your prenup or post-nup can potentially torpedo the entire agreement. The law authorizes prenup or postnup to deal with many future, most frequent issues, including asset retention or allocation (e.g. B that a separated asset must always remain the separate property of a spouse, even if otherwise it could become a matrimonial property). Many couples are disoriented by post-ascending or separation agreements and think they are equal, but a separation agreement is not a divorce scheme. Marital separation agreements are also known as real estate comparison agreements and include the distribution of assets, the rights of each partner, custody of children or custody of children. You can have this agreement established while you are still married. In Georgia, such an agreement shows the court that your divorce is uncontested, and can simplify the process. It is important to speak with a carrollton, Georgia family lawyer before signing a marriage or post-uptial agreement, so that you can be sure of the consequences of signing the agreement, and therefore you know your rights. If you have any questions about an agreement you`ve already signed, a lawyer from Carrollton, Ga.
Family law can inform you of your options. Call Moffitt Law, LLC today. In Georgia, marital agreements were allowed until Scherer v. Scherer, who then allowed their consideration in the division of property during a divorce. In most divorces, a prenup or postnup is recognized and taken into account when problems are resolved during the process. However, marital agreements are not automatically enforced and the final appeal to the validity and application of the document is still before the court. If there is sufficient evidence of possible fraud, coercion or material error, the court may cancel all or part of the agreement. (3) If the circumstances of the parties have changed significantly to render the agreement disloyal.
Sometimes, during a marriage, the financial situation of the parties changes so much that the application of the marriage agreement would be unfair to one or both parties. The assets of a party may increase or be completely erased between the time the Prenup was signed and the time the couple files the divorce.