Prenuptial agreements and postnuptial agreements are relatively common among spouses in Georgia, especially among high-net-worth individuals. While these spouses may only have a basic understanding of how these agreements work, many have been informed that postnuptial agreements are not quite as effective as prenuptial agreements in Georgia. But why exactly is this the case?
Georgia Recognizes Postnuptial Agreements
Georgia is one of the many states that recognize postnuptial agreements. Some states do not, but even the states that do not may still recognize postnups established in other states by couples that later moved out of that jurisdiction. It is important to note that at one point in time, no US state recognized postnuptial agreements because of their somewhat contradictory nature. The logic is that if a married couple becomes one legal entity, a postnuptial agreement would essentially constitute a single legal entity signing a contract with itself. You cannot sign a contract with yourself. Although this logic no longer applies for the most part, it still gives you a sense of why postnuptial agreements can cause issues.
Advantages of Prenups Over Postnups
Prenuptial agreements have many advantages compared to postnups:
- Generally More Civil: Generally speaking, prenuptial agreements are associated with greater cooperation and civility between spouses. This is because they are signed before the marriage occurs and before any issues arise in the relationship. While spouses might be aware of the potential for marriage-related issues when creating prenups, they are not actively confronting these issues while negotiating.
- Not Reactionary: Prenuptial agreements are said to be “anticipatory” rather than “reactionary.” This means that they help spouses plan for future events instead of reacting to events already occurring. As a general rule, reactionary legal strategies are always less effective than their anticipatory counterparts. Essentially, the cat is already out of the bag regarding postnups.
- Less Potential for Fraud: Certain questions over potential fraud may arise in connection with postnuptial agreements. These questions often involve issues like fraudulent transfers or breaches of fiduciary duty. In contrast, these questions are less common when dealing with prenuptial agreements.
- Easier to Enforce: Finally, prenuptial agreements are easier to enforce compared to postnuptial agreements. This is because for a postnuptial to be valid, both spouses must gain some kind of advantage by signing the agreement. While it might be possible for a prenuptial to heavily favor one spouse in terms of financial outcomes, the same cannot be said for postnuptial agreements.
Where Can I Find a Family Law Attorney in Georgia?
If you have been searching for an experienced family law attorney in Georgia, look no further than Lankford & Moore Law. At the end of the day, both prenuptial and postnuptial agreements may provide genuine benefits for spouses. While there may be certain advantages associated with prenuptial agreements, postnuptials are still effective tools when used appropriately. Book your consultation today to discuss both of these options and get started with an effective action plan.
