Georgia Postnuptial Agreement

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Updated August 07, 2022

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A Georgia postnuptial agreement is a contract binding two spouses to terms regarding the distribution of property in the event the marriage ends in divorce or death. Because they are made after a couple gets married, postnuptial agreements are different from prenuptial agreements, often called “prenups,” which are signed before a couple gets married. Although they apply in different situations, postnuptial agreements, like prenups, can be valuable tools for estate planning and avoiding the uncertainty associated with divorce proceedings.

Signing Requirements (Spurlin v. Spurlin (2011)) – Both spouses must sign a postnuptial agreement.

Laws

Separation Agreements: Agreements in contemplation of divorce settling issues of alimony, property division, child custody, child support, and visitation are not invalid. Sanders v. Colwell (1981).

Validity: Three factors to consider in deciding the validity of a postnuptial agreement are:

  1. Was the agreement obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material facts?
  2. Is the agreement unconscionable?
  3. Have the facts and circumstances changed since the agreement was executed to make its enforcement unfair and unreasonable?”

Murray v. Murray (2016).