Question:
My wife had an affair for about a year. I can only prove that she had internet conversations with him. She admitted everything to me verbally. I decided to stay with her primarily because of our 5 year old daughters. I would like to protect myself and my relationship with my daughters in case this happens again. If she agrees, are we able to create a post nuptial that would guarantee no less than 50% custody of my kids and protect my financial investment in my family? I assume she would need her own lawyer to make it legitimate.
Answer:
I am not licensed in Georgia. Post Nupt agreements do exist. Whether Georgia recognizes them is a question an attorney in Georgia would need to answer. In order for a post nup to be valid there must be consideration. This means each party is getting something to enter in the agreement. In the case of post nup this usually means the parties agree to dismiss their legal separation or divorce proceeding. If you do not have a pending legal action then a post nup may not be a possibility. Post Nups usually identify property and decide values and division of property if you eventually divorce. You can address child issue but they may harder to enforce. If you enter into a post nup now and divorce 5 years later, the terms you agreed to may not longer be practical. Consult an attorney in your state to determine the feasibility of entering into a post nup agreement.
