Some couples opt for a prenuptial agreement (prenup) before they agree to get married. Prenups can be used to protect assets and ensure that property. Prenups must be signed prior to a marriage. However, if you are already married, a similar option called a postnuptial agreement (postnup) can be used. At Burns Smith Law, P.C., we are leaders in family law. Contact our Georgia family law attorney with questions about postnuptial agreements. 

What is a Postnuptial Agreement?

Similar to a prenuptial agreement, a postnuptial agreement is a written contract spouses enter after they are already married. The marital contract (postnup) clarifies how property, debts, and certain financial rights will be handled if the marriage ends. Along with other things, a postnup in Georgia can define separate property, set terms for division of marital assets, and address spousal support. 

Georgia courts treat postnuptial agreements as binding contracts when they satisfy strict legal standards. Most notably, the agreement must be voluntary, based on full disclosure, and substantively fair at the time of enforcement. For couples who did not create a prenup, a postnup provides a legally recognized path to create certainty and reduce the risk of future disputes.

Note: In Georgia, a postnup cannot resolve issues involving child custody or child support because those matters remain subject to the best-interest standard. 

The Potential Benefits of a Postnup

Although they may not be the most romantic thing in the world, a postnuptial agreement can be a very useful option for some married couples. Here are some of the most notable advantages of a postnup for married couples in Georgia: 

• Classification of the Ownership: A postnup allows spouses to designate what property will remain separate. That can be a major advantage because it can reduce the risk of disputes about the character of assets acquired before or during the marriage.
• Protection of Business Interests: Business-owning spouses often use postnups to confirm that the company remains separate property. It prevents valuation disputes, protects operational control, and reduces the risk of problems for the company. 
• Debt: Debt can also be handled in postnups in Georgia. Spouses may use a postnup to assign responsibility for specific debts. It can protect a spouse from financial exposure arising from the other spouse’s loans or credit obligations. 
• Spousal Support (Alimony): A postnup may set clear rules for alimony. Georgia courts will enforce reasonable alimony provisions that do not violate public policy. That can be a big advantage for some couples in Georgia. 
• Preservation of Inheritance and/or Unique Family Property: In some cases, families with multigenerational estates often seek protection for inherited assets. A postnup can ensure that inherited property remains separate. 
• Limited Conflict: Some couples negotiate postnups after a period of marital tension. The agreement can create financial stability and reduce conflict. A postnup can also clarify expectations and responsibilities for moving forward. Indeed, one of the primary advantages of entering into a postnup is reducing the risk of a serious dispute. 

Know the Law: Postnups in Georgia

Postnups are regulated by state law. In Georgia, postnuptial agreements can be legally enforceable, but only if they meet certain legal requirements. The relevant statute is Georgia Code § 19-3-66. Here are some of the most notable requirements of Georgia’s postnup laws: 

• Voluntariness: First and foremost, Georgia law requires that both spouses must have entered into the postnup voluntarily. That means that there can be no coercion, pressure, or improper influence. Among other things, courts examine the circumstances of signing, the presence of independent counsel, and the timeline for review. 
• Full and Fair Disclosure of Assets and Debts: Each spouse must disclose all material financial information. That includes income, real estate, debts, retirement accounts, business interests, and other significant assets. A spouse who conceals financial data risks invalidation of the agreement. Georgia courts require true, meaningful transparency. 
• Adequate Consideration: A postnup must reflect mutual promises that create binding obligations. In Georgia, marriage alone is not a consideration for a postnup. Continued marital commitment may supply consideration, but the agreement must show reciprocal obligations that support enforceability.
• Substantive Fairness: The agreement must be fair when signed. Courts analyze whether the terms reflect a reasonable allocation of rights. A postnup that heavily favors one spouse without justification can fail this test. Fairness requires proportionate treatment based on the parties’ financial positions. Notably, a postnup must be substantively fair at both the time of signing and the time of enforcement. 
• No Fraud, No Duress: Any evidence of fraud, misrepresentation, or concealment invalidates the agreement. The same applies if one spouse signs only because of threats or improper pressure. In Georgia, courts apply this requirement strictly. A court could outright invalidate a postnup on the grounds of fraud and/or duress. 
• Formal Contract: Finally, a postnup must be in writing and signed by both spouses. Oral agreements are not enforceable. Notarization and witness signatures are not strictly required, but they strengthen evidentiary support. In Georgia, oral postnuptial agreements are simply not enforceable as a matter of state law. 

How Our Georgia Postnuptial Agreement Lawyer Can Help

Are you considering signing a postnuptial agreement? It is imperative that the contract is properly drafted and in full compliance with Georgia law. At Burns Smith Law, P.C., we are a family law firm that has the legal expertise that you can rely on. With experience drafting, negotiating, and reviewing postnups (and prenups), our Georgia family law team will help you determine the best course of action. Your initial consultation is just a phone call away. 

Call Our Georgia Postnuptial Agreement Lawyer Today
At Burns Smith Law, P.C., our Georgia postnuptial agreement attorney has the professional experience that you can rely on. If you have any questions or concerns about postnups, we are here as a resource. Contact us now to arrange your completely confidential, no obligation initial case review. With offices in Canton, Cumming, and St. Simons Island, we handle postnuptial agreements throughout the region in Georgia.