A postnuptial agreement is similar to a prenuptial agreement, but it is created after a couple is already legally married. It outlines how assets, debts, and financial matters will be handled during the marriage or in the event of separation or divorce. Postnups are often used when financial circumstances change, such as starting a business, receiving an inheritance, or buying property together, and a couple wants to define or update their financial understanding.

While the legal principles are largely the same, postnuptial agreements can face greater scrutiny in Georgia courts because there is already a fiduciary relationship between spouses. That is why it is essential to work with experienced family law attorneys who know how to draft enforceable and fair postnups that meet Georgia’s legal standards.

Key differences between prenuptial and postnuptial agreements:

• Timing: Prenups are signed before marriage; postnups are signed after.
• Presumption of fairness: Courts may scrutinize postnups more closely due to the fiduciary duties spouses owe each other once married.
• Common triggers: Postnups are often prompted by new assets, infidelity, changes in income, or rebuilding trust in the marriage.
• Purpose: Both aim to protect assets and define responsibilities, but postnups can also serve to stabilize a strained marriage or protect children from previous relationships.

Whether you are planning ahead or reassessing your financial future, our Alpharetta family law attorneys can help you create a strong, clear agreement that protects what matters most at any stage of your marriage.