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Postnuptial Agreements

What is the difference between a prenup and a postnup?

The main difference is timing. A prenup is signed before the marriage registration, while a postnup is signed after. In Georgia, both are governed by the same legal provisions for "marriage contracts."

Can a postnup protect me from my spouse's debts?

Yes, this is one of the most common uses. You can stipulate that debts incurred by one spouse (e.g., business loans) are their sole responsibility and cannot be claimed against marital assets.

Is a postnuptial agreement valid in court?

Yes, provided it was notarized and does not contain "unconscionable" terms that put one spouse in an extremely disadvantageous position.

Can we include child custody in the agreement?

No. Under Georgian law, marriage contracts regulate property rights. Child custody and support are determined based on the child's best interests at the time of divorce, not by prior contract.

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Postnuptial Agreements: Regulating Property Rights During Marriage

A Postnuptial Agreement is a legal document that spouses sign after marriage registration, at any stage of cohabitation. Unlike a prenuptial agreement (prenup), which is entered into before marriage, a postnuptial agreement serves to regulate the financial and property relations of an already established family. In Georgia, where the "community property principle" applies (everything acquired during marriage is split 50/50), a postnuptial agreement allows spouses to define different rules themselves, avoiding misunderstandings and disputes in the future.

Often couples think that such an agreement implies preparing for divorce, but in reality, it is a tool for strengthening financial stability and trust. It can be concluded when one spouse starts a risky business, receives a large inheritance, or simply wants to separate personal and family assets. Legal.ge offers experienced lawyers who will help you draft an agreement that protects the interests of both parties and is legally sound.

What Does a Postnuptial Agreement Cover?

Specialists on Legal.ge ensure detailed coverage of the following issues in the agreement:

  • Defining Asset Status: Specifying which assets remain personal property and which are considered co-owned (e.g., an apartment bought during marriage but with money from one spouse's parents).
  • Business Protection: If one spouse is a business owner, the agreement can stipulate that business shares and income are not subject to division in case of divorce.
  • Liability for Debts: Separating responsibility for loans. This protects the family's common property from one spouse's business risks or gambling debts.
  • Alimony and Compensation: Pre-agreeing on the amount of alimony or lump-sum compensation in the event of divorce.
  • Inheritance Issues: Additional guarantees regarding what property rights a spouse will have in case of the other's death (in coordination with a will).

Common Scenarios and Real-World Examples

Postnuptial agreements are relevant in the following situations:

  • Career Change: The husband starts a startup and takes a large loan. The wife wants to protect the family apartment from the bank, so they sign an agreement stating that business debts are solely the husband's responsibility.
  • Infidelity or Reconciliation: A couple was on the verge of separation due to infidelity but decided to reconcile. The agreement can be used as a mechanism to restore trust, outlining financial consequences in case of repeated infidelity.
  • Children from Previous Marriage: A spouse wants to ensure that their personal property passes to children from a previous marriage and does not become co-owned by the second spouse.

Georgian Legal Framework

Regulation of postnuptial agreements in Georgia is based on:

The Civil Code of Georgia, which uses the term "marriage contract" (Prenuptial/Postnuptial). According to the law, a marriage contract can be concluded both before marriage registration and at any time during the marriage. This means that a postnuptial agreement is fully legitimate.

The Code establishes that the agreement must be in writing and notarized. Without notarization, the document is void. The agreement can alter the statutory community property regime, but it must not restrict the spouse's legal capacity, be discriminatory, or violate the interests of minor children.

Step-by-Step Service Process

Working with a specialist on Legal.ge involves:

  1. Audit: Examining the couple's financial situation and defining goals.
  2. Negotiation: The lawyer helps parties agree on terms through open and transparent dialogue.
  3. Drafting: Writing the text of the agreement, covering all specific points and excluding ambiguous interpretations.
  4. Legal Review: Ensuring terms do not contradict Georgian legislation (e.g., restricting the right to divorce is not allowed).
  5. Notarization: Finalizing the agreement with a notary.

Why Choose Legal.ge?

A postnuptial agreement is not a sign of mistrust; it is an expression of responsibility. However, a poorly drafted document may be declared void by the court if it unilaterally restricts the rights of one spouse. Legal.ge gives you access to qualified lawyers who ensure balance and legal solidity. Protect your assets and family peace with the help of professionals.

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