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What is a postnuptial agreement? Might it make sense for you?

OK, so you and the spouse took a pass at executing a prenuptial agreement prior to your marriage a few years ago.

Join the party. A lot of other about-to-marry couples in Georgia and nationally similarly balk at signing such a contract prior to their nuptials. Truth be told, many soon-to-be newlyweds hesitate to even broach the subject of a marital contract, thinking it might poison that love-is forever feeling that they hope is, well, forever.

And, interestingly, some of those same couples find that they are willing to revisit the subject after a few years of married life.

That happens for many reasons. The topic might simply seem less taboo after a period of time passes during which a couple realizes that they are mature enough to calmly and rationally discuss such a contract. Some couples who are totally content with their relationship and have no belief that they will ever divorce might still want to discuss what types of things might go into a marital contract, and why. Some might simply have a newly realized appreciation for the utility of such an agreement as a planning vehicle.

Of course, you're now looking at that foregone prenuptial agreement in the rear-view mirror once those marriage vows are a done deal.

That doesn't mean, however, that you still can't execute a legal contract that considers the consequences of a failed relationship and puts into writing certain understandings if divorce turns out to be a reality.

In many ways, a postnuptial agreement (a marital contract executed following marriage) is closely similar to a premarital contract. That is, it can attend to many of the same matters.

Is such an agreement right for you?

Of course, that depends on many things, with your personal situation entailing unique considerations.

A proven family law attorney with experience helping clients negotiate and draft marital contracts can answer questions regarding postnuptial agreements, including whether they are enforceable in a given jurisdiction and, if so, what they can and cannot address.

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