Daniele Johnson & Associates

It’s Not Too Late: When to Consider a Postnuptial Agreement Lawyer


November 24, 2020 | Comments (0)

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Before getting married to your partner, you may have considered bringing up the idea of a prenuptial agreement. However, it is a sensitive conversation and might not have been the right option for you at that time. But as your relationship evolves, circumstances in your marriage can change and make you reconsider your views about it. If this has happened to you, know that it is not too late. With a postnuptial agreement, you still have the opportunity to set forth a contract that will put your mind at ease. The family law attorneys and postnuptial agreement lawyer at Daniele Johnson & Associates will utilize their expertise and comprehensive knowledge to help you determine if it is time to pursue a postnuptial agreement.

What is a Postnuptial Agreement?

A postnuptial agreement is essentially the same as a prenuptial agreement. The only difference is that it is created and signed after you are married. It is a contract that predetermines how property and assets should be split in the event of a divorce. While the specific tenants of the contract will be based on your individual circumstances, it usually addresses issues related to businesses, primary and secondary properties, retirement and 401K accounts, alimony, legal fees, child support, insurance, and more.

What are the Benefits of Having a Postnuptial Agreement Lawyer?

While initiating a conversation about a postnuptial agreement with your partner may cause tension or hurt feelings, in many instances it can actually help save your marriage. Also, without a prenuptial or postnuptial agreement, divorce proceedings have the potential to drag on for several years, draining both your finances and your emotions. But with a contract in place, the process will be much shorter, allowing you to heal faster and save money on attorney fees.

When to Consider Getting a Postnuptial Agreement

There are many instances in which enacting a postnuptial agreement lawyer may be the right move to protect your marriage and the assets that matter most to you.

 

  • Absence of a prenuptial agreement. If you feel doubt or regret about the absence of a prenuptial agreement in your marriage, you should consider getting a postnuptial agreement. And while presenting the idea to your partner after you’ve been married may cause confusion, it is important to be honest with them, especially if you believe it could ease existing tension in your relationship.

 

  • Changes in wealth. It is very common for the wealth within a marriage to change or increase over time. Whether you are earning more money than your partner or both of you have made significant income over the years, consider a postnuptial agreement.

 

  • Receipt of an inheritance. If you have received a monetary or property inheritance from the passing of a loved one, you should consider protecting it with a postnuptial agreement because a singular inheritance has the potential to be deemed a joint inheritance by a judge in a divorce trial.

 

  • Protection of a child from a previous marriage. The protection of a child from a previous relationship is a huge concern for many parents that remarry. If you are in this situation and are uncertain if your assets will go to your own child after your death, a postnuptial agreement will ensure that they do.

 

  • Changes in marital labor. The roles in a marriage often shift over time, especially if you voluntarily leave your job to raise children or support the goals of your partner. By outlining these contributions in your marriage with a postnuptial agreement, you are more likely to be fairly compensated in the event of a divorce.

 

  • Your partner has been fiscally reckless. There are certain circumstances in which your partner may have been financially imprudent without your knowledge, such as racking up credit card or gambling debt behind your back. In this situation, you would want to enact a postnuptial agreement to protect your financial future and your relationship.

Daniele Johnson & Associates Can Help You with Your Postnuptial Agreement

While the pursuit of a postnuptial agreement can be a delicate process that is difficult to navigate, the family law attorneys at Daniele Johnson & Associates will develop a contract that is beneficial to you and your partner. Contact Daniele Johnson & Associates today to schedule a consultation.

At Daniele Johnson & Associates, we will help you accomplish your goals so you can begin living the life you deserve.

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Daniele Johnson & Associates provides strong and compassionate legal representation for all types of Family law cases in GA.