Understanding Postnuptial Agreements

A postnuptial agreement is similar to a prenuptial agreement but is created after a couple has already married. In Georgia, postnuptial agreements are legally recognized and can serve many of the same purposes as a prenup, including protecting assets, clarifying financial responsibilities, and setting expectations for the division of property and spousal support in the event of a divorce. However, postnuptial agreements can also address specific issues that arise during the marriage, such as changes in financial circumstances or disagreements over property ownership.



While prenuptial agreements are signed before marriage, postnuptial agreements come into play once a couple is already married. For couples who did not sign a prenup, a postnuptial agreement can provide a sense of security and clarity, particularly if they are experiencing financial changes or entering into a new phase in their relationship. In Georgia, a postnuptial agreement must be voluntarily signed by both parties, without coercion or duress, and must be in writing to be enforceable.

Postnuptial agreements can be used to address a variety of issues, including the division of assets and debts, spousal support, and the handling of business interests. They can also be useful in situations where one spouse inherits significant assets or when one spouse becomes involved in a new business venture that may need to be protected in case of divorce.

However, postnuptial agreements, like prenuptial agreements, are not enforceable in all situations. For example, provisions regarding child custody or child support are not enforceable in Georgia, as these matters are determined based on the best interests of the child. Additionally, the terms of the postnuptial agreement must be fair and reasonable at the time of enforcement, or they may be contested in court.

If you are considering a postnuptial agreement or need help understanding your options, contact our office at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm has been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers.