Georgia Postnuptial Agreement Template

A Georgia postnuptial agreement is a legally binding document that outlines the financial arrangements between spouses during their marriage and in the event of a divorce or separation.

In contrast with prenuptial agreements, which are established prior to marriage, postnuptial agreements are crafted after the wedding has taken place. This instrument allows couples to address various financial aspects, including property division, debt allocation, and spousal support.

Legal Considerations

In Georgia, postnups are primarily governed by statute and case law and are generally recognized and enforced under state laws regarding contracts and family law.

• Signing Requirements: The agreement must be signed by both spouses (Spurlin v. Spurlin, 716 S.E.2d 209, 289 Ga. 818, 11 FCDR 3026 (Ga. 2011)).
• Dividing Property: Equitable division (§ 19-5-13).

Asset and Property Rights

Capacity to Contract

• In transactions between spouses, if attacked for fraud by creditors of either party, the burden lies on them to demonstrate the fairness of the transaction. [1]
• If one spouse possesses a separate estate and acquires property from individuals other than their spouse, the burden shifts to the creditor levying on such property to prove fraud or establish that the purchasing spouse lacked the means to acquire the property.
• Individuals have the legal capacity to enter into postnuptial agreements either directly with their spouse or indirectly through trustees, allowing for voluntary conveyance of property during the marriage. [2]
• Such conveyance is subject to the rights of prior purchasers or creditors without notice, implying the necessity for transparency and adherence to legal obligations in postnups.

Validity Factors

• Consideration of factors such as fraud, duress, mistake, misrepresentation, or nondisclosure of material facts in determining the validity of a postnuptial agreement.
• Assessment of whether the agreement is unconscionable or if changes in circumstances since its execution render enforcement unfair and unreasonable (Murray v. Murray, 791 S.E.2d 816, 299 Ga. 703 (Ga. 2016)).

Marriage and Divorce

Separation Agreement

• Marriage contracts and postnuptial settlements are legally binding and enforceable, protecting the interests of beneficiaries entitled to estate limitations. [3]
• Antenuptial agreements can be enforced by a court of equity either at the request of the married parties or, after the death of a spouse, by the offspring of the marriage and their heirs, with the possibility for the court to extend enforcement in favor of other parties.

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1. § 19-3-10. https://casetext.com/statute/code-of-georgia/title-19-domestic-relations/chapter-3-marriage-generally/article-1-general-provisions/section-19-3-10-right-of-married-persons-to-contract-presumptions
2. § 19-3-64. https://casetext.com/statute/code-of-georgia/title-19-domestic-relations/chapter-3-marriage-generally/article-3-marriage-contracts-postnuptial-settlements-and-antenuptial-agreements/section-19-3-64-voluntary-execution-of-antenuptial-agreement-conveyance-of-property-during-marriage
3. § 19-3-66. https://casetext.com/statute/code-of-georgia/title-19-domestic-relations/chapter-3-marriage-generally/article-3-marriage-contracts-postnuptial-settlements-and-antenuptial-agreements/section-19-3-66-enforcement-of-marriage-contracts-postnuptial-settlements-and-antenuptial-agreements

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