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Can a postnuptial agreement save your marriage?

In a word: maybe.

Family law attorneys have seen nearly every way a marriage can disintegrate. Issues involving domestic violence, adultery and simple irreconcilable differences are common culprits. However, probably the most common reason couples get divorced centers on financial conflict. Money has its advantages, but it can also destroy relationships if one or both spouses cannot agree on how to manage finances.

Couples often explore the possible benefits of a postnuptial agreement when a marriage nears its breaking point. These agreements function much like a prenuptial agreement in that they allow the couple to define the responsibilities of each spouse. Specific postnuptial benefits revolving around financial matters include the following.

  • Identify separate debt from marital debt (e.g. student loans).
  • Identify which spouse owns which assets.
  • Identify how assets are divided if divorce or separation occurs.

An additional advantage of a postnuptial agreement is that it allows spouses who had kids before the marriage to make provisions for these children. Yet another advantage often comes when each spouse begins to open up about the issues a postnup will address. In other words, the act of clearing the air during postnup negotiations can make couples want to work harder to protect and encourage family relationships.

Postnuptial agreements function best when each spouse has individual representation by a family law attorney. This ensures that negotiations as well as the final document treat each spouse and any children fairly. Once you have reached a mutually beneficial postnuptial agreement, it is a simple matter of submitting the document to a Georgia family court for approval. Unless the agreement is significantly one-sided, the judge will likely approve the document.

Source: FindLaw, "What Is a Postnup? Do You Need One?," accessed May 09, 2018

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