Atlanta Child Custody and Visitation Attorneys
If you are thinking about drafting a postnuptial agreement, it is generally because you want to protect something. Your intent may be to protect your wealth, assets, property, or precious family heirlooms. However, if you or your spouse already have minor children from other relationships, you may also be considering how a postnuptial agreement impacts child custody and visitation.
Protecting your assets is one thing but protecting your children is something else. Having an agreement in place before a hint of divorce is even in the air can help put both your and your partner’s minds at ease.
At Kessler & Solomiany, LLC, we can sit down with you and discuss the importance of a postnuptial agreement. Our Atlanta postnuptial agreement attorneys know that protecting your family is vital. We bring a wealth of legal experience to the table and can help you arrive at an agreement that will help you feel more secure about your marriage and your blended family. Contact our office today at (404) 688-8810 for a confidential consultation.
What Is a Postnuptial Agreement?
A postnuptial agreement is a contract. It is an arrangement that two people enter after they marry that outlines things like property distribution and asset division in case of the death of one of the parties or a divorce. This agreement lays out each individual’s rights and what they can expect if the marriage ends. In many cases, a postnuptial agreement will protect certain assets brought into a marriage. It can also protect a person’s hard-earned wealth from the impacts of divorce.
Divorce is never easy, but having a postnuptial agreement in place can make a divorce go a little more smoothly since it should explicitly outline how property brought into the marriage will be divided.
Assets Covered by Postnuptial Agreements
Postnuptial agreements are legally binding documents that spell out the distribution of property following the termination of a marriage or the death of one of the partners. The document should take into account a family’s big picture and address concerns before those concerns turn into issues. A well-organized postnuptial agreement can cover the allocation of the following:
- Family heirlooms
- Retirement accounts
- Marital property
The postnuptial agreement can also describe how alimony will be handled, how a business owned by one or both parties will be handled, and how unexpected financial changes in the marriage will be managed. The agreement could include what happens if one spouse dies early, how assets will be handled in divorce, and how insurance should be managed.
Most couples can benefit from having a postnuptial agreement, even if they didn’t bringing vast sums of wealth into the marriage. Consider what is important to you and what you would want to keep intact for yourself and your children if your marriage ever broke down. This is a good barometer for what you may need to protect with a postnuptial agreement.
Can Child Custody and Visitation Provisions Be Included in a Postnuptial Agreement?
The most important thing you can protect is your children. However, can postnuptial agreements preemptively cover things like child custody and visitation? The answer is no in the state of Georgia. A judge will generally decide what is in the best interest of the child. Postnuptial agreements cannot automatically absolve a parental figure from their responsibility for providing for a child.
When it comes to visitation and child custody, most Georgia judges will consider:
- Each parent’s income
- Emotional ties to the child
- Emotional and physical health of each parent
- Living situation of each parent
- History of abuse or neglect
- Criminal histories of each parent
A judge has broad discretion when it comes to other factors that may influence the well-being of a child as well. Ultimately, the judge has the authority to dictate child support, custody, and visitation.
Do You Need an Attorney to Draft a Postnuptial Agreement?
Yes. Having an experienced family law attorney on your side is crucial. A postnuptial agreement is a legally binding contract between you and your partner. A postnuptial agreement is not something you want to cut corners on. Your financial future may be at stake. That is not something you want to leave to chance or in the hands of an attorney that does not understand Georgia family law.
There is no do-it-yourself or one-size-fits-all agreement that can protect you and your family. A postnuptial agreement is drawn up based on your financial needs and concerns. While this document cannot specifically address child custody and visitation, it can still have a major impact on you and your children in the event of a divorce. A well-thought-out postnuptial agreement could protect assets essential to your children’s future. It may also protect precious family heirlooms that you want to pass down through the generation.
An attorney is a powerful advocate that can help protect your and your family’s best interests. Consult an experienced family law attorney about your postnuptial agreement options.
Why Choose Kessler & Solomiany, LLC to Create Your Postnuptial Agreement?
At Kessler & Solomiany, LLC, we can explicitly review with you what can and can’t be included in your postnuptial agreement. We will review your situation, talk about your goals, and address your needs and concerns in a thoughtful and responsible way. No one ever wants to think about divorce when their marriage is going well. However, the possibility of separation does exist. Protecting yourself and your children is smart and can save you a lot of heartache down the road.
At Kessler & Solomiany, LLC, we have experience managing a wide range of family law cases. From divorce to child custody cases and alimony payments, we understand Georgia law and how it can impact you and your family. When we sit down with you to draft a postnuptial agreement, we will tailor the document to your needs while taking into consideration legal factors that may come into play.
Call Kessler & Solomiany, LLC Today to Set Up a Consultation
A postnuptial agreement isn’t the end of a marriage. It’s a responsible step that can protect you, your partner, and your children. Arranging for a postnuptial agreement can help give you and your partner peace of mind.
To discuss your postnuptial agreement options, get in touch with an experienced postnuptial agreement attorney with Kessler & Solomiany, LLC today. Let’s talk about your ultimate goals and child custody and visitation concerns. Call (404) 688-8810 to set up your confidential consultation.