A prenuptial agreement is only valid if it is completed prior to marriage. After a couple is married, they may draw up a post-nuptial agreement. A court may decide later to enforce or not enforce it, and it is essential you do not use a form and have an attorney draft and review it. In Georgia, for a post-marital contract to be enforceable, both parties should have individual legal representation (the lack of that may give a reason to challenge it later), they must provide full disclosure of each party’s financial situation (i.e., no secret bank accounts and slush funds) and the contract should be reasonably fair to both parties.
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You should consult with an attorney, licensed in your jurisdiction, who is experienced in handling matters in this area of law. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation.
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I agree with Mr. Ashman that a postnuptial agreement is your only option at this point. If both parties are in agreement with the terms of the prenuptial agreement drawn up, the same terms can be used in a postnup drawn up by a lawyer.
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