Prenuptial and Postnuptial Agreement Lawyer In Augusta
Smith & Smith Attorneys at Law
Pre or Antenuptial agreement is one in which a spouse waives his/her rights in the other spouses estate or assets. These agreements are not void as against public policy. Agreements in contemplation of divorce are within the sound discretion of the court and the court generally will apply three criteria to determine if the agreement will be enforced. The court will look at a particular case to determine if the agreement was obtained through fraud, duress or mistake or misrepresentation or nondisclosure of some material fact. The court will determine if the agreement was unconscionable and whether the facts and circumstances have changed since the agreement was reached. A prenuptial agreement does not preclude the assertion of an alimony claim.
These agreements must be carefully crafted to insure compliance and enforcement by the court. Contract law applies to such agreements.
Our attorneys have over twenty years of experience both in and out of the courtroom setting. Smith & Smith Attorneys at Law specializes in a wide array of Family Law issues.