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PRENUPTIAL AND POSTNUPTIAL AGREEMENTS
Prenuptial agreements are agreements formed between two people prior to marriage that set out the manner in which assets would be divided in the event of a divorce. Prenuptial agreements are created before marriage, but should not be done “in contemplation of divorce.” Because of this, a prenuptial agreement must be worded properly. There must be full disclosure of assets, and there must be consideration on both sides. Without consideration (benefit to both parties), a prenuptial agreement will often be held to be invalid.
Like prenuptial agreements, postnuptial agreements control how property will be divided in the event of a divorce. Postnuptial agreements have the same stringent requirements of Prenuptial Agreements, and therefore should be crafted by an attorney.
FIGHTING OR UPHOLDING PRE/POSTNUPTIAL AGREEMENTS:
Unlike the rest of divorce law, where the decision is made based on equity (what is fair), arguments over prenuptial and postnuptial agreements are technical arguments under the law. If you are trying to uphold or fight one of these agreements, please bring in the agreement for one of our attorneys to evaluate.
Simply call 770-863-8355 to schedule a free consultation with one of our experienced family law attorneys.
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