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  5. Why should I get a postnuptial agreement if I’m happily married?

Why should I get a postnuptial agreement if I’m happily married?

On Behalf of Thomas A. Camp, P.C. | Jul 18, 2022 | Divorce, Uncategorized |

Before you got married you may have thought about getting a prenuptial agreement but decided against it. Perhaps it seemed unromantic or a sign of a lack of trust in your soon-to-be spouse. Or, maybe with all that goes into planning a wedding you simply never got around to it. At first, it may not seem like such a big deal, and you set the notion aside.

Now, however, you are married and are concerned about how your financial future will look if you divorce. At this time, you may want to consider executing a postnuptial agreement even if your marriage is solid, but especially if you are worried about its future.

What is a postnup?

A postnup is essentially the same as a prenup but it is executed while you are married, not before. A postnup can outline who owns what should you divorce. It can also lay out responsibilities regarding your finances during your marriage. Postnups cannot address child custody or child support issues. These must be settled through state law.

Postnups have some advantages. Postnups can establish rights in advance of a separation. Postnups can address inheritance rights. Postnups can also allow a party to waive inheritance rights.

How to make a postnup enforceable

While each state has its own laws regarding postnups, postnup must meet these five general elements.

First, a postnup must be made in writing. Both spouses must voluntarily enter into the agreement. All assets and liabilities must be fully disclosed when the postnup is executed. The terms of the postnup must not be unconscionable. Finally, both spouses must sign the postnup.

Postnups can ultimately be as useful as prenups. Each document serves as a means of making a possible divorce run as smoothly as possible. They may not be romantic, but they are the act of responsible couples who view their relationship pragmatically.

 

How can repeat offenders break the cycle and build a new life?

On Behalf of Thomas A. Camp, P.C. | Mar 19, 2025 | Criminal Defense

Breaking free from a cycle of criminal activity takes courage, determination and support. Athens offers various resources to help you turn your life around after your involvement with the justice system. Your past doesn't have to define your future, and many former...

Is it time to talk about a gray divorce?.

On Behalf of Thomas A. Camp, P.C. | Mar 4, 2025 | Divorce

Approaching your spouse about a gray divorce can be a daunting task. As couples age, their relationships may evolve, leading some to consider ending their marriage later in life. If you are contemplating this significant step, it is crucial to approach the...

How can you save time and money in your divorce?

On Behalf of Thomas A. Camp, P.C. | Feb 14, 2025 | Family Law

Divorce can be expensive and time-consuming. If you end up embroiled in a highly contentious divorce, then the process will be dragged out even longer, and the possibility of full-blown litigation will be amplified. But if you’re ready to simply get your divorce over...

Understanding juvenile diversion programs in Georgia

On Behalf of Thomas A. Camp, P.C. | Feb 14, 2025 | Criminal Defense

If your child faces charges for a minor offense, your child might benefit from a juvenile diversion program. These programs offer an alternative to traditional juvenile courts, aiming to rehabilitate rather than punish. Here's what you need to know about getting your...

Are police required to disclose reasons for arrests?

On Behalf of Thomas A. Camp, P.C. | Jan 30, 2025 | Criminal Defense

The moments following an arrest are often fraught with confusion and uncertainty. If this happens to you, you may wonder about the right to know the basis for the arrest. But do the police have an obligation to provide this information upfront? Police officers...

How does the parole process work in Georgia?

On Behalf of Thomas A. Camp, P.C. | Jan 16, 2025 | Criminal Defense

Parole offers inmates a chance to reintegrate into society while serving the remainder of their sentence under supervision. In Georgia, the parole process involves careful consideration of various factors to ensure the community's safety and the parolee's successful...

3 questions to ask yourself before filing for divorce in Georgia

On Behalf of Thomas A. Camp, P.C. | Jan 7, 2025 | Divorce

Divorce is a life-altering event that can leave anyone feeling lost and uncertain. Untangling the life you have built with your spouse can be daunting, and it is natural to feel concerned about what lies ahead. Whether you have already decided to file a divorce or are...

Breaking the news: how to tell your children about the divorce

On Behalf of Thomas A. Camp, P.C. | Dec 19, 2024 | Divorce

Divorce affects the entire family, especially children. Breaking the news to them requires care and sensitivity. Parents must approach this conversation with love and honesty, ensuring their children feel supported during this challenging time. Here are five tips to...

What is probation in Georgia?

On Behalf of Thomas A. Camp, P.C. | Dec 15, 2024 | Criminal Defense

When you are charged with a crime in Georgia and learn that you could receive probation, you may consider this a good option. After all, most people see probation as a better alternative to a jail or prison sentence. However, before you commit to probation, it is...

Should you consider divorce mediation?

On Behalf of Thomas A. Camp, P.C. | Dec 5, 2024 | Divorce

Divorce can be challenging and emotional. While traditional litigation is one option, divorce mediation could be an alternative. What is divorce mediation? Divorce mediation is a process where you and your spouse work with a neutral third party, called a mediator, to...

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Recent Posts

  • How can repeat offenders break the cycle and build a new life?
  • Is it time to talk about a gray divorce?.
  • How can you save time and money in your divorce?
  • Understanding juvenile diversion programs in Georgia
  • Are police required to disclose reasons for arrests?

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