Will a postnuptial contract really protect you? How much can you assume?

Planning things out is probably the most effective way to reach your goals, no matter what they are. You plan your work, and you work your plan. The general consensus is that planning shows that a person is rational, level headed, organized, and knows what he/she wants.

Different vantage points

However, the moment people plan ahead in a marriage and want to establish what will happen in case of a divorce, it suddenly becomes pessimistic and unromantic (though if someone is clearly the larger wage earner it is quite sensible). For the most part, Atlanta, GA divorce lawyers do not buy into this and always insist that you have a prenuptial and postnuptial agreement in place before tying the knot. And as said before, if someone is making that much more money than the other person they should not need too much motivating.

The fact is that nearly one third of all American marriages end in divorce. Therefore, it is always a wise idea to have an agreement with your spouse in advance where you establish what happens to things like joint property, child custody etc. in the unfortunate case that the marriage does not work out.

If you make even 15% more, or even double, or triple your potential spouse’s income then you should want a pre-nup or prenuptial agreement. If they do not want a pre-nup even if they know the risks for you, that should spark some warning signs. If you do marry this person after they signed a pre-nup and the marriage is falling apart, you need legal help no matter what. This is where…http://divorce.usattorneys.com/georgia/ falls into the picture. This fantastic website has all the legal help you need.

Planning out a post-nuptial agreement

As practiced Georgia divorce attorneys will tell you, only having a post-nuptial agreement in place does not necessarily mean that if your marriage ends, everything will be settled without any hassle. In fact, a poorly drafted post nuptial agreement can make things worse instead of alleviating it. This is why it is important to put some actual thought into the agreement and have it overseen or reviewed by a seasoned Atlanta, GA divorce lawyer.

Some of the things that you definitely want to include or address in your postnuptial agreement are:

1. Property division – Any property you jointly own with your spouse will be up for grabs after the marriage is dissolved. So go ahead and discuss this with your spouse and reach an agreement about who will get what in case of a divorce. Also make sure to revise your post nuptial agreement when and if you purchase any additional property after your marriage.
2. Alimony – After a divorce, the wife may need spousal support or she may be independent and won’t need support. On the other hand, whoever takes over custody of the children may require spousal support. Whatever the specifics, they need to be put on paper.
3. Joint mortgages – Married middle class and upper middle class couples usually have loans to pay, mortgage payments, car installments, and other payments to make. It needs to be mentioned as to who is responsible for paying what when the marriage is dissolved.

The difference between a prenuptial agreement and a post nuptial agreement

Of course the biggest difference between these two types of agreements is the fact that a pre-nup is entered into prior to the marriage while a post nuptial agreement comes after the marriage. But Georgia divorce lawyers tell us that there is more to it than just that.

First, a prenuptial agreement comes with more legal requirements than a post nuptial agreement. For a post nuptial agreement, the legal requirements vary from state to state. To get all the information you need about pre-nup and postnuptial agreements, how they can protect you and how to draft one, consult a divorce lawyer right away. Hey, the first consultation is probably free anyhow.

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