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The Georgia postnuptial agreement is a legal document created between the two spouses for the purpose of determining their financial and non-financial relationship during and after the marriage.
The postnuptial or marital agreement can be used both to determine how the parties will manage the property during the marriage and to set the rules on how they will divide the marital property in case they get divorced.
There is a difference between postnuptial and prenuptial agreements. While the prenup agreement becomes valid after the spouses get married, the postnup agreement becomes valid the moment the parties sign it since they are already married at the moment of signing it.
Laws and Legal Requirements for a Postnuptial Agreement in Georgia
The laws and legal requirements for a postnuptial agreement in Georgia are mainly outlined in the state laws and court decisions of the state courts. The court decisions include the precedents that are used for determining the legality of the postnuptial agreements in Georgia.
One of the most important court cases that outlines the position of local courts towards the legality criteria for Georgia postnuptial agreements is Sanders v. Colwell (1981).
In this case, the court took the position that “agreements in contemplation of divorce settling issues of alimony, property division, child custody, child support, and visitation are not invalid.”
Signing Requirements for a Postnuptial Agreement in Georgia
The state law provides that the Georgia postnuptial agreement form must be in written form. Moreover, it requires both parties to the agreement to sign the document.
However, the state law doesn’t set the notarization requirement for the Georgia postnuptial agreement form. Regardless, the parties should consider the notarization whenever possible since it can additionally confirm the authenticity of the document and prevent potential fraudulent activities in this regard.
The notary public will identify both parties to the agreement and confirm that both parties have signed the document by providing their signature to the document.
Postnuptial Agreement Enforcement in Georgia
The court can declare part or the whole postnuptial agreement unenforceable if one of the parties proves that:
Postnuptial Agreement Enforcement Conditions
They have executed the postnuptial agreement as a consequence of fraud, duress, mistake, misrepresentation, or nondisclosure of material facts
The agreement is unconscionable due to the fact that the other party failed to provide complete or truthful information about their financial status at the moment of signing the document
The circumstances changed since they executed the agreement, to the extent that its enforcement is unfair and unreasonable
What Can a Postnuptial Agreement in Georgia Cover?
The postnuptial agreement in Georgia can cover multiple aspects of spouses’ financial and non-financial relationships. However, when drafting the postnuptial agreement form, the parties should make sure all the provisions are in line with state law and public policies.
Below, you can see the matters that are most commonly included in the postnuptial agreement template:
Provisions in a Postnuptial Agreement
Rights and responsibilities of parties in terms of their individual and marital property
Right to sell, buy, transfer, lease, mortgage, and manage the property acquired during the marriage
Agreement on how the property will be divided in case of marriage dissolution, separation, death, or other similar events
Matters connected with insurance, pensions, wills, trusts, and more
Choice of relevant law that will apply to the postnuptial agreement
Postnuptial Agreement in Georgia: Validity Criteria
The Georgia postnuptial agreement will be considered invalid if it doesn’t fulfill the formality criteria set by the state law. This means that it must be made in written form and that both parties must sign it.
The validity of the postnuptial agreement is also connected with the existence of marriage. This means that the parties must be married at the moment of signing the postnuptial agreement. The parties can also sign multiple postnuptial agreements during their marriage to regulate different matters.