Postnuptial Agreement Attorney in Johns Creek & North Atlanta
A postnuptial agreement is a private contract between spouses who are already married. It addresses the same financial and support issues a prenup addresses, but applies to a marriage that already exists. Couples in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, and the surrounding North Atlanta area use postnups for a range of reasons: reconciliation after an affair, business growth or new ventures during the marriage, inheritance or trust distributions, financial restructuring, or simply to address what a prenup would have covered if there had been time before the wedding.
Postnups face different requirements than prenups because the parties are already married, and we draft them with those distinctions in mind. A well-drafted postnup gives married couples a tool to protect against risk, define financial terms, and in some cases rebuild trust after a marriage has been through a difficult period.
Get a Postnuptial Agreement That Holds Up
Attorney David Tannen has drafted postnuptial agreements for North Atlanta families since 2002.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Atlanta Postnuptial Agreements Quick Facts
- Cost: $3,000 flat fee, standard agreement / $1,500 postnuptial review (see pricing).
- Timeline: Standard agreements take 1 to 2 weeks from first meeting to signed agreement; expedited timelines available for an additional fee.
- Must be in writing: Oral postnuptial agreements are not enforceable.
- Full disclosure required: Both spouses must disclose all assets, debts, and income.
- Independent counsel recommended: Each spouse should have their own attorney to avoid claims of overreaching, though not legally required.
- No waiting period: Postnups can be signed at any point in the marriage, whether the marriage is 1 year or 30 years old.
- Cannot address child custody or child support: Same as prenups, these issues cannot be predetermined in the agreement.
Why Do Married Couples Get Postnuptial Agreements?
After Infidelity
In our practice, one of the most common reasons couples in North Atlanta come to us for postnuptial agreements is reconciliation after an affair. The agreement establishes financial consequences if infidelity happens again, restructures property division and alimony terms to reflect the breach of trust, and gives the injured spouse concrete protections that make continuing the marriage feel workable.
A postnup in this situation is often as much about repairing trust as it is about legal protection. The couple has decided to stay married. The agreement gives the structure that makes that decision sustainable.
Business Growth or New Venture
A spouse who starts or significantly grows a business during the marriage, receives a major promotion with equity compensation, or becomes a partner in a professional practice may want to clarify how that asset is treated if the marriage ends.
Without a postnup, business interests acquired or grown during the marriage are typically treated as marital property subject to division at divorce. A postnup can establish the business as separate property, or define a clear valuation approach that avoids a contested business valuation fight at divorce. That fight is often expensive enough on its own to make a postnup worthwhile.
Inheritance or Trust Distribution
When one spouse receives a substantial inheritance, including a family business or trust distribution during the marriage, a postnup can confirm that the inherited assets remain separate property. Inherited assets are generally treated as separate property in our practice, but commingling inherited funds with marital accounts can convert separate property to marital property. Business or investment growth from inherited assets can also create complicated questions. A postnup draws a clear line that prevents those issues from becoming a fight later.
Financial Restructuring
Couples who want to reorganize their finances during the marriage use postnups to protect both parties if the arrangement does not work out: one spouse taking on significant debt for education or a business, one spouse leaving the workforce to raise children, or one spouse assuming all household financial management. A postnup makes the financial arrangement explicit and protects both parties from later disputes about what was agreed to.
Missed the Prenup Window
Many couples who considered a prenuptial agreement but ran out of time before the wedding use a postnup to accomplish what the prenup would have addressed. The legal effect is similar, though enforceability standards differ. The conversation happens after the marriage has begun rather than before.
What Makes a Georgia Postnup Enforceable
Postnups face more scrutiny at enforcement than prenups, and we draft accordingly. Five factors matter most.
Full and fair disclosure. Both spouses must provide complete information about their finances. Because spouses owe each other a higher duty than engaged couples, the disclosure obligation is greater. Hidden assets, understated income, or incomplete debt disclosure can void the entire agreement.
No duress or undue influence. The agreement must be signed voluntarily. A postnup presented with an ultimatum, such as “sign this or I file for divorce tomorrow,” is vulnerable to challenge. We draft and structure the process to make sure both parties have adequate time to review the agreement, consult with independent counsel, and negotiate terms.
Fair and reasonable terms. Courts can void a postnup if the terms are unfair given the circumstances. Postnups face more scrutiny than prenups for fairness because spouses owe each other a duty of good faith during the marriage. We draft postnup terms to satisfy that scrutiny.
Independent legal counsel. While not legally required, each spouse having their own attorney is one of the strongest protections against enforceability challenges. We recommend independent counsel for the other spouse on every postnup engagement.
Proper execution. The agreement must be in writing and signed by both parties, with appropriate witness and notary verification.
How Postnups Differ from Prenups
Postnups and prenups address similar financial issues, but the legal context is different. Married spouses owe each other obligations that engaged couples do not. Postnups face higher scrutiny for fairness and disclosure at enforcement than prenups do.
A prenup’s enforceability is generally assessed against the circumstances at signing. A postnup can be assessed against the circumstances at both signing and enforcement, which gives courts more flexibility to invalidate terms that have become unfair over time.
Prenups are typically signed in the context of an upcoming wedding, which provides clear timing pressure to finalize the agreement. Postnups are signed inside an existing marriage, which removes the timing pressure but increases the scrutiny applied at enforcement.
We draft postnups knowing all of this. The agreement is built to withstand the higher scrutiny because that scrutiny is the predictable challenge if the marriage ends.
How the Postnup Process Works at Tannen Law Group
Initial consultation, 30 minutes, free. We discuss the situation that brought you to us, what you want the postnup to accomplish, and whether a postnup is the right tool. We provide a fee estimate before you commit.
Financial disclosure preparation. Both spouses compile complete asset, debt, and income information. We prepare the disclosure schedules that attach to the agreement.
Drafting. We draft the agreement based on your instructions and the financial disclosures. The draft is detailed and built to withstand the heightened scrutiny postnups face at enforcement.
Independent counsel for the other spouse. We strongly recommend the other spouse retain their own attorney. An agreement reviewed by independent counsel on both sides is substantially harder to challenge later.
Execution. Both parties sign in front of a notary, with adequate time between presentation of the final draft and signing to remove any duress argument.
Total timeline from first meeting to signed agreement is typically 1 to 2 weeks for standard postnups. Complex agreements involving business valuation, trust analysis, or multi-state property may take longer.
Schedule a Postnup Consultation
We assess whether a postnup fits your situation, what the agreement should cover, and what it will cost. Honest assessment, no pressure.
(470) 560-7798 | Schedule online
Free 30-minute consultation. No obligation.
When Is a Postnup the Right Tool?
A postnup is the right tool when the marriage is continuing but circumstances justify documenting financial terms in writing. After infidelity that the couple is working through. After a business takes off or an inheritance arrives. After a major financial restructuring. After the prenup window closed but the conversation should have happened.
A postnup is not the right tool when one spouse is pressuring the other to sign with an ultimatum. We do not draft postnups that look like coerced agreements because those agreements will not hold up at enforcement, and we will not put our drafting reputation behind an agreement that we expect to fail.
We calibrate our approach to the actual complexity and stakes of each case. A postnup addressing a single business interest looks different from a postnup restructuring a complex marital estate. We draft what your situation requires.
Frequently Asked Questions
Common questions about divorce in Georgia.
How much does a postnuptial agreement cost in Georgia?
Standard postnuptial agreements at Tannen Law Group are a $3,000 flat fee. Postnuptial reviews of existing agreements are $1,500. Each spouse should plan for their own attorney’s fees since independent counsel is strongly recommended. See pricing, or get a specific estimate during your free consultation.
Can a court invalidate a postnuptial agreement?
Yes. Courts can void a postnup signed under duress, signed without complete financial disclosure, or with terms that are unfair given the circumstances. Proper drafting with full disclosure, independent counsel for both parties, adequate time for review, and fair terms makes invalidation unlikely.
Can a postnup protect me if my spouse cheats again?
Yes. Postnuptial agreements commonly include infidelity provisions that impose financial consequences for future affairs. These can include predetermined property division terms, alimony obligations, or waiver of alimony rights by the unfaithful spouse. Properly drafted infidelity provisions are generally enforceable.
Is a postnup the same as a separation agreement?
No. A postnup is signed during an ongoing marriage by spouses who intend to stay married. A separation agreement is signed when spouses are separating or moving toward divorce. The purposes and legal standards are different.
Can we get a postnup if we have been married for 20 years?
Yes. There is no time limit. Couples married 1 year or 30 years can execute a postnup. Long-married couples use postnups when circumstances change: business success, inheritance, retirement planning, or reconciliation after a difficult period. Call (470) 560-7798 to discuss your specific situation.
What happens to the postnup if we divorce?
If enforceable at divorce, the postnup becomes the roadmap for the settlement. The property division, alimony, and other terms specified in the agreement govern the divorce outcome. If the postnup is invalidated, the court resolves the issues as if no agreement existed. This is why drafting the postnup for enforceability matters from the beginning.
Do both spouses need their own attorney for a postnup?
We strongly recommend it. Independent counsel for both spouses is one of the most important factors in enforceability. One attorney cannot represent both spouses’ interests because those interests inherently conflict, especially in the context of an agreement that addresses what happens if the marriage ends.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Strengthen Your Marriage with Clear Financial Terms
A postnuptial agreement gives married couples a tool to address financial concerns, protect against risk, and in some cases rebuild trust. Attorney David Tannen has drafted enforceable agreements for North Atlanta families since 2002.
Your Free Consultation Includes:
- An assessment of whether a postnup fits your specific situation.
- A clear explanation of what the agreement should cover and why.
- A specific fee estimate so you know the cost before committing.
Schedule your free 30-minute consultation online
Confidential. No obligation. We respond within 2 hours during business hours.
Considering separation instead? Learn about separation agreements in Georgia.
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097