When couples in Cherokee County are headed toward divorce, one of the common concerns is how the marital property will be divided. It is an understandable concern, as a husband or wife could easily lose a considerable amount of money, property and possessions to a less-than-upstanding spouse. One tool that many couples may use in conjunction with family law attorneys is postnuptial agreements.

The American Academy of Matrimonial Lawyers, an organization of experienced family law attorneys, has reported an increase in the number of individuals asking for postnuptial agreements. Just over half of the divorce attorneys polled said that these agreements have constituted a larger part of their practice in the last three years. What is even more surprising is that 36 percent reported that there was an increase in the number of women who were asking for the agreements.

Postnuptial agreements are more often asked for by men, at about 42% of the time. Approximately 10 percent of the attorneys polled said that wives are more likely to ask for postnuptial agreements than their husband and nearly half said that there was no difference between the genders. Though these recent polls have been tracking developments in the number of postnuptial agreements and who has been asking for them, there is no discussion about why these changes have been occurring. Some have noted that it is most common to ask for a postnuptial agreement after a significant change in one or both spouses’ income.

For Georgians who are concerned about the division of marital property, speaking with a family law attorney about a postnuptial agreement may provide a considerable sense of clarity.

Source: AAML, “Postnuptial Agreements on the Rise Says Survey of Nation’s Top Divorce Lawyers,” Sept. 10, 2012

Learn about the importance of the division of marital property at our division of property and debts page.