Prenuptial and Postnuptial Agreements

The division of property can be one of the most complicated aspects of settling a divorce. However, the process may be expedited if a prenuptial or postnuptial agreement is in place.

Types of Agreements

In Georgia, two types of agreements exist to help ease the burden of dividing marital property:

  • Prenuptial agreements are made before the marriage takes place
  • Postnuptial agreements are made after the marriage takes place

Both of these agreements spell out which property belongs to which spouse and specifically how the finances of the couple will be divided in the event of a divorce.

Enforceability of Prenuptial and Postnuptial Agreements

Under most circumstances, pre- and postnuptial agreements are enforceable during a divorce proceeding. However, if one spouse can prove that the agreement was made under fraudulent terms or that it is unconscionable, the judge may decide against using it in a divorce.

If you have a pre- or postnuptial agreement, or if you are interested in drafting one, contact Wadkins & Wadkins today. We are experienced in enforcing and drawing up these important legal documents.

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