Create Signing Order For Legal Georgia Postnuptial Forms For Free

With a postnuptial agreement, the couple is already legally bound and the spouses owe a fiduciary duty to each other. There may be a concern that the provisions in a postnuptial agreement were not bargained for because one spouse did not really have a choice about signing the agreement.

Are postnups enforceable in Georgia? Yes, Georgia law does recognize postnuptial agreements so long as they are created and signed ing to the law. This means there must be no evidence of fraud, duress, mistake or misrepresentation or non-disclosure of material fact.

Georgia courts recognize the validity of both legally executed prenuptial agreements and wills.

The difference between them is simply when they are drafted: prenups are agreements couples make before they wed, and postnups are enacted once a couple is married. Couples choose to create a prenuptial or postnuptial agreement for a wide range of reasons: Each spouse has a career.

Postnups can also be used to protect assets, but they're often more about clarifying financial arrangements during a marriage. Prenups are typically created when one or both spouses have significant assets; postnups are more likely to be seen in marriages where one or both partners are less financially secure.

In Georgia, every prenup must be in writing. After each spouse signs the prenup in the presence of at least two witnesses, both witnesses must also sign the agreement. The agreement must then be filed in the clerk of court's office in the county of residence (for either spouse) within three months of the signing.