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. Post-nuptial agreements largely resemble marital agreements, but are concluded after a legal marriage. As in the case of a pre-marital agreement, a post-uptial agreement generally assigns marital assets to a spouse in the event of a divorce. Although, a post-uptial agreement can also be used to assign ownership to someone other than the spouse in the event of the death of the other spouse. In this case, the post-uptial agreement is in fact a waiver of a spouse`s right to claim certain assets when the other spouse dies first. In Georgia, as in the case of a marriage agreement, a post-uptial agreement is applicable as long as it passes the shear test. Scherer/. Scherer, 249 Ga. 635 (1982) Job contracts are job contracts. Lately, the use of post-nupes has become more popular, although they remain rare.
The agreement is similar to a prenup, the main difference being that the contract is signed after the couple`s marriage. However, the purpose of a post-nup is the same: to protect the wealth of individuals and all income earned during the relationship. A post-puptial agreement can also be used to revise a prenup to ensure that the agreement covers all assets. A post-up could also help solve some of the financial problems that may arise during a marriage. After considering the circumstances, if the court finds that the answer to the three questions is a “no” and is signed in writing by the couple, the post-uptial agreement is valid and enforceable. Under Georgian law, if the validity of a post-subscription will be contested, the spouse who wants to enforce the agreement will be the burden of proof. [Lawrence v. Lawrence, 289 Ga.
309 (2009)]. Note that post-return agreements cannot address child custody issues that can only be determined by a divorce agreement or court order. Both parties should be represented by a lawyer at the time of signing to ensure that marital and post-marriage agreements pass the shear test. Both parties should at least have the opportunity to obtain counsel, even if a party is not represented. The court considers the party who developed the agreement to be an advantage over the non-author. The non-drafting party is not likely to benefit from the signing, so the agreement will be viewed more favourably by the court if both parties were well informed of their rights. In addition, the non-editorial part should have sufficient time to read and review the document before signing. The signatures of both parties should be authenticated and authenticated at the time of signing. Original copies of the agreement should be kept with lawyers until divorce proceedings are filed.
Each party who signs the agreement should be represented by its own independent advisor. Marital agreements are not due. Therefore, where the marriage agreement is to be invoked, it is more likely that the court will find the marriage agreement to be enforceable if both parties were represented by lawyers at the time of signing. For many Atlanta couples, a marriage deal is a very wise choice. A marital agreement will help you protect pre-marital assets and plan for all that the future can bring when you enter into your marital relationship. As lawyers for pre-marital agreements in Atlanta, we design and verify marital and post-uptiale agreements. Are post-marriage agreements applicable in Georgia? In the case of good drafting and voluntary drafting by both parties, an agreement or a prenupe, as it is commonly called, is legally enforceable.