I’m Already Married – Can I Get a Postnuptial Agreement?

If you're already married, the short answer is that it is too late for a prenuptial agreement. But it’s not too late for you to protect your assets. You just need what’s called a ‘postnuptial agreement’ rather than a prenuptial agreement. Nationwide, the number of postnuptial agreements is on the rise as couples work on creating a marriage on their own terms. Many people falsely believe that prenuptials and postnuptials are only for rich people. They are a surprisingly affordable legal solution that is a smart investment in protecting your future and that of your children, especially for a 2^nd or 3^rd marriage. If you have a house, a car, or even basic assets that you want to protect or safeguard yourself from being stuck with someone else’s debts, you could benefit from one of these agreements.

So, let’s take a look at what a prenup means for you.

What is a Prenuptial Agreement? 

A prenuptial agreement is better known than a postnup. It’s a legally binding document that allows you and your future spouse to set specific rules regarding your personal and marital property if you were to divorce at some point after your marriage.

A prenup is often something that people don’t want to think about while planning their wedding. No one really wants to think about the idea of separating from someone they’re currently contemplating the rest of their lives with. But if you or your partner have significant assets or children from a previous relationship it’s a good idea to lay out what you want to happen to your money and other assets if something does happen to the relationship.

What is a Postnuptial Agreement? 

So, what is a postnuptial agreement? A postnup is a legally binding document that you negotiate while you are married that allows you and your current spouse to set specific rules regarding your personal and marital property if you were to divorce at some point in the future.

Notice that this type of agreement is still legally binding, but it’s made after the marriage rather than before. Once again, this is something that a lot of people don’t think about but it’s extremely important. If you or your partner come into a great deal of money - say through inheritance or the sale of a business - or have a valuable asset, even if you already had it before the marriage but have now decided you want a more formal agreement, then you may want to look into a postnuptial agreement.

5 Common Questions About Postnuptial Agreements in Georgia

1. Are postnups enforceable in Georgia?
Yes, Georgia law does recognize postnuptial agreements so long as they are created and signed according to the law. This means there must be no evidence of fraud, duress, mistake or misrepresentation or non-disclosure of material fact. These are the same rules that apply to a prenuptial agreement.

2. How do I get a postnuptial agreement?
While it is possible to draft your own postnuptial agreement, it is best to work with a lawyer who is well versed in this type of family law and will protect your rights, and point out areas that you may not have considered. This will ensure that your document is legal and enforceable if you and your spouse do decide to divorce down the road.

3. Does a postnup replace a prenup?
It can. Or it can be used to amend or add to a prenup. It all depends on how it’s written up and what each document specifically refers to. For example, there might be new assets that are covered by the postnup that are not mentioned in the prenup. Talking with a lawyer can help with the process of drafting the agreements so you can make sure that your wishes are carried out (i.e. amending a prenup versus replacing a prenup). 

4. Can I change a postnup?
You can change a postnuptial agreement after the fact as long as both parties sign the new document and the document specifies that it is replacing the older version. Be sure to consult with a lawyer about this as you will need to make sure the wording is accurate to completely absolve the earlier agreement and make the new agreement legally binding. The same rules for creating an initial prenup or postnup will apply.

5. Does a postnup override a will in Georgia?
You can set your postnuptial agreement to specific outcomes in the event of death of one of the parties, however generally this will be laid out in a will. 

When it comes down to it, if you or your partner have assets that you want to protect or children or even business relationships that you want to provide for, having a prenuptial or postnuptial agreement is a good idea. Talk with an experienced family attorney about your options and see how this type of agreement could work for you. 

Learn More: How a Prenuptial Agreement Can Protect Your Marriage

Do You Need a Postnuptial Agreement?

Prenuptial and postnuptial agreements should be carefully drafted and must include a full disclosure of each party’s financial condition. A Gwinnett County prenup attorney can help you draw a prenup or postnup and make sure that it is executed correctly and legally. Contact Attorney Sharon Jackson today at (678) 436-3636 to help you draft your Georgia prenup agreement or postnup agreement.