Prenups and Postnups

Prenuptial and Postnuptial Agreements

A prenuptial agreement is a contract written prior to a marriage that delineates terms of divorce to help facilitate a positive outcome for both spouses in the event of a dissolution. A postnuptial agreement is like a prenuptial but written after the couple is married.

You may be getting married or are already married. A prenuptial or postnuptial agreement can help you set certain protocols for your marriage ensuring you have a smoother dissolution of your marriage should it come to that.

Our prenup lawyers can help you draft a comprehensive prenup that suits your needs. This contract may delineate certain financial responsibilities during the marriage. Further, these contracts spell out how you and your spouse will divide assets in the event the marriage ends.

People often come into marriage with assets of their own. An agreement made when things are healthy and positive may save you anguish at a time of heightened emotions and stress later should things go sideways.

Contact Gentry Law Firm to discuss your needs with an attorney who has drafted numerous prenuptial and postnuptial agreements for couples throughout Metro Atlanta. Call us today or contact us online to schedule your consultation.

What Might Need to Be Protected? 

There are various assets, safeguards, and protection that is desired by some upon entering a new marriage. This is where prenups and postnups come in.

• A business
• Inheritances
• Investments
• Protecting children with various needs (from prior marriages)
• Real estate - vacation home or primary residence
• Protection from financial irresponsibility (such as gambling debts and more)

The prenup can lay out that the spouse who owned certain assets such as a family business or residence prior to marriage will retain ownership should a divorce occur. But there are times when spouses choose to give a percentage of ownership at certain junctures in the marriage.

An example of this might be when there’s a family business that the other spouse is expected to support through their time and effort during the marriage. In this case, the spouse might want to honor him/her with percentages of ownership at certain milestones like 10 or 25 years.

In Georgia, postnuptial agreements must be in writing and in front of two witnesses, with their signatures on the document as well. An oral postnuptial agreement is not considered valid.

Three Factors to Keep in Mind If You Are Considering a Prenup

Although uncommon, prenups can be voided by a judge, under certain circumstances. Three factors to keep in mind:

1. There needs to be a full disclosure of debts and assets by both parties in the prenup. A clear understanding of each other’s financial situations is necessary.
2. They must be relatively reasonable. They cannot be unconscionably unfair to one side or the other. If the marriage ends, it shouldn’t be that one could end up with nothing.
3. It may not hold up in court if the facts and situation of one’s life, such as a disability, sickness, ability to work, have changed significantly over the years since the prenup was signed.



Be sure to hire a competent and detail-oriented attorney to draft and review your prenup with you before you sign it.

Often these agreements are seen as and used like insurance for unseen situations. Many couples engage an attorney for assistance with these documents when divorce is not even on their minds. Further, they are more common than they ever have been. If you are considering a post or prenuptial agreement, call the lawyers at Gentry Law Firm to help. We look forward to hearing from you.