If you and your future spouse have already established, signed and registered a marriage agreement with the court and you later decide that you wish to change the terms of the notice contract, you generally have the right to do so. If certain conditions are met and this is not contrary to an ongoing contract, your lawyer may eventually make an endorsement to the original. Checking a marital or post-ascending agreement by a lawyer is essential to ensure that the document meets your needs, and also that it is declared valid and enforceable in court if it is ever necessary. At Buckhead Family Law, we negotiate, design and verify marital and postuptial agreements with a close eye. We take the time and attention to understand your needs and make sure you get the deal you want. Call our family practice at 404-600-1403 to discuss your marriage or post-uptial agreement with a competent and experienced pre-contract lawyer in Atlanta. If under the guidelines set out in the Georgian domestic relations code, the pre-marital and post-ptial arrangements outline issues related to the division of matrimonial property and malnutrition in the event that the couple finally divorces. There are seven important reasons why a prenup contract or a post-marriage contract should be considered: perhaps there was not enough time to enter into a marriage agreement and have both parties checked before the marriage, or perhaps one party created a prenup, but the other party felt under pressure to sign. Sometimes a couple is not ready to create a marital arrangement, or they feel that injecting too much practicality into marriage planning will spoil the romance. Still at other times, couples simply do not see the need for a marital agreement, but at some point during the marriage, a spouse receives a substantial gift or inheritance, a spouse starts a business, or the arrival of children or marital discord indicates the need for an agreement.
A marriage contract may be executed and enforced by one spouse at any time during the life of the other spouse, provided it does not infringe the rights of another person, buyer or creditor. Even if there is no compelling need for a conjugal agreement, the use of each spouse can provide security and tranquillity over the impending marriage. By dividing each party`s financial situation, including assets and commitments, the couple begins their marriage with a greater relationship of trust, based on this open and honest communication and on understanding their financial situation and expectations for the future. A marriage pact is a contract entered into by two people who think about marriage and it comes into effect with marriage. To be valid in the State of Georgia, a marriage agreement signed by both parties in the presence of a notary and two witnesses would have to be written. A marriage agreement may be challenged at a later date if it was signed on the basis of fraud, coercion or error or if it was too unilateral and unfair at the time of its copy. Can you prove that this is a violation of one of the three conditions mentioned above? You can then cancel the agreement. However, the state of Georgia has an exceptionally high bar for detecting stress or scruples. For example, you cannot claim that someone forced you to sign the agreement as a precondition for marriage and therefore signed under duress. Therefore, the lack of wealth-sharing parity described in the agreement would make them unacceptable. The main purpose of a marriage contract is, of course, to specify in detail how marital property is treated after the dissolution of the marriage (and, hopefully, protected when the agreement is established).
A carefully crafted futures agreement contains a full statement of the benefits, assets and liabilities of each party at the time of implementation of the agreement. Such information contributes to a party later asserting that it was not aware of its spouse`s net wealth or earning capacity when the applicability of the agreement is called into question.