Crystal Wright | November 22, 2023 | Family Law
Georgia courts recognize prenuptial agreements when they are validly executed. Valid prenuptial agreements are enforceable contracts. Therefore, if your spouse violates any of your prenup’s terms, you can petition the court for an order compelling your spouse to comply with the prenup or seek compensation for damages caused by the violation.
Are Prenuptial Agreements Unbreakable in Georgia?
Instead of risking the consequences of violating a prenuptial agreement, your spouse might try to void the prenup or some of its specific terms. Most people believe that prenups are ironclad. While some agreements cannot be challenged successfully, others may not hold up in court.
The Georgia Supreme Court set forth conditions for a prenuptial agreement to be considered valid by courts in the state. Therefore, if you want your prenup to be enforceable, it must:
- Be conscionable;
- Remain fair and reasonable despite changes in circumstances since the agreement was executed; and
- Must not be obtained through fraud, mistake, non-disclosure of material facts, duress, or misrepresentation.
The best way to ensure your prenuptial agreement is valid is to hire an experienced Lawrenceville prenuptial agreement attorney. A family lawyer understands the requirements for prenups in Georgia. Furthermore, your lawyer protects your best interests, so you can trust that the agreement will treat you fairly.
Can You Legally Violate a Prenuptial Agreement in Georgia?
No – there is no way to violate a prenuptial agreement legally. However, you can petition the court to void a prenup on several grounds.
There are four basic grounds for challenging a prenup. The grounds for challenging a prenuptial agreement in Georgia include:
The Prenuptial Agreement Is Unconscionable
A prenup has benefits for both spouses, but the agreement should treat each spouse fairly. An agreement is unconscionable when it benefits one spouse to the point that it is unfair to the other spouse.
Judges have a great deal of discretion in deciding whether the terms of a prenup are unconscionable. Being unfair might not be sufficient to reach the level of unconscionable, depending on the case and how each side’s arguments are presented.
The courts decide whether a prenup is unconscionable on a case-by-case basis.
A Spouse Did Not Willingly Execute the Prenuptial Agreement
The law requires that a person willingly enter into a prenuptial agreement. They must be given time to read the entire agreement and consider the consequences of signing the agreement. The agreement may be invalid if a person was coerced or under duress when they signed the prenup.
The Agreement Was Obtained Though Fraud or Misrepresentation
Each party must fully disclose their financial situation and all other relevant factors before signing the agreement. If a person signed a prenuptial agreement because of fraud, misrepresentation, or non-disclosure of material facts, the court may rule the prenup is unenforceable.
Circumstances Have Changed
The parties should try to anticipate changes that could impact the terms of a prenuptial agreement. However, some circumstances cannot be anticipated. Therefore, an unanticipated substantial change in circumstances could result in a successful challenge to the prenup.
Using the same attorney, signing a prenup close to the wedding date, and other factors could raise questions about whether the prenuptial agreement is valid. Hiring separate Lawrenceville family law attorneys to negotiate a prenup agreement is best. It is also wise to negotiate and execute a prenuptial agreement well in advance of your wedding date.
Should I Sign a Prenuptial Agreement in Lawrenceville, GA?
Many couples use prenuptial agreements as a way to avoid costly litigation in the event they decide to divorce. However, there are many other reasons why you might want to enter a prenuptial agreement.
Benefits of a prenuptial agreement include:
- Ability to clarify each party’s financial situation and obtain full disclosure of income, assets, and debts before marriage
- Protect children from a prior marriage to ensure they receive their inheritance and are financially stable
- Avoid assuming a spouse’s debts and obligations you were unaware of before the wedding
- Identify and protect property from being subject to property division in a divorce
- Address alimony, property division, and other matters when you are not emotionally fraught pending a divorce
- Matters related to finances and personal details can remain private during a divorce
The choice to enter a prenuptial agreement is personal and based on the parties’ personal preferences and needs. Before signing a prenuptial/postnuptial agreement, ensure you understand your legal rights and the consequences of entering the agreement by speaking with an attorney.
Contact the Divorce Lawyers at Crystal Wright Law To Get Legal Assistance Today
To learn more and get the help you deserve, call our divorce & family law firm at (404) 594-2143 or reach out to Crystal Wright Law online by visiting our contact us page.
You can also visit our law firm at 440 S. Perry Street Suite 105, Lawrenceville, GA 30046.