Postnuptial agreements gaining favor in many high-asset divorces

In recent years, marital contracts have emerged with greater clarity in the American divorce landscape in Georgia and nationally, with both prenuptial agreements and, to a lesser degree, post-nuptial agreements being increasingly recognized as instruments that can effectively identify and provide for the security of significant assets.

Without a doubt, prenups are the more easily recognized legal instrument of the two, given their close association with celebrity splits garnering wide public attention. Moreover, and in the event a couple executes a marital contract, it is far more often the case that they do so prior to marriage, after a discussion of assets each holds coming into the union.

Sometimes, though, and in cases where a prenuptial contract is not executed, a post-nuptial agreement can still turn out to be an instrument that enables a couple to instill certainty into asset division matters.

That is especially true in a case where significant assets are created or otherwise enter into a marriage after a couple has spent several years together. A classic example of this is an instance where one of the partners receives a large inheritance. Another scenario where a postnup agreement can logically feature is in the case of a trust being created pursuant to which one of the partners becomes a beneficiary following marriage.

Evidence indicates that post-nuptial contracts are, in tandem with prenuptial agreements, becoming more commonly recognized as effective planning tools for many marriages.

Georgia individuals and couples with questions and concerns regarding effective planning for the future can receive candid advice and effective representation from a Fulton County attorney with a strong background in negotiating and drafting both prenuptial and post-nuptial agreements.

Source: NBC NEWS, “If you ran out of time for a prenup agreement, try a postnup,” Kelley Holland, July 5, 2013

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