Crystal Wright | August 1, 2024 | Georgia Law

Conditions That Could Nullify a Prenuptial Agreement in Georgia

Prenuptial agreements (or premarital agreements) can be challenging to negotiate. The couple may hesitate to discuss issues related to a future divorce. However, prenups offer many benefits, including reducing the cost and duration of a divorce action. A prenuptial agreement also requires full financial disclosure, allowing couples to address monetary issues that could cause problems in the future.

Several conditions could nullify a prenup in Georgia, including terms in the agreement that are unenforceable.

Items That You Cannot Include in a Prenuptial Agreement in Georgia

Prenuptial agreements address financial matters that the couple would likely address should they file for divorce. However, specific terms in a prenup could cause a judge to nullify portions of or the entire agreement. 

Child Custody and Support

The courts retain jurisdiction to make custody decisions that are in the best interest of the children. Georgia has standard child support guidelines that judges use to set a base for support. Including terms related to custody, child support, parenting responsibilities, or visitation could cause the court to nullify the agreement.

Personal Preferences and Domestic Issues

Including stipulations about where to go on vacation, how many children to have, who will do the household chores, and how to raise the kids can result in a judge nullifying the prenup. These issues are better addressed in a separate agreement if the parties wish to do so.

The Georgia Supreme Court has entered orders defining the conditions that must be met for a prenup to be legally enforceable. 

For a prenuptial agreement to be considered valid by the courts, it must:

Be Conscionable

Prenups should benefit both parties and treat them fairly. If a prenuptial agreement is unconscionable, it is so unfair that it shocks the conscience. In other words, its terms are grossly unjust and oppressive to one party.

Be Entered into Freely and Without Fraud

A prenup can be nullified if either party was forced or coerced to sign the agreement. Both parties must sign the agreement freely. A person cannot be under duress or substances that would make them incapable of understanding what they were signing.

If either party uses fraud to obtain consent for the prenup, a court may void the agreement in its entirety. Therefore, both parties must be truthful about their assets and debts. There must be full and complete disclosure for there to be no fraud in the execution of the prenuptial agreement.

Remain Fair and Reasonable Even Though Circumstances Might Change

It is impossible to account for all changes that might occur after a couple signs a prenuptial agreement. However, the courts require that the prenup’s terms remain fair even though unexpected changes may occur. If the changes result in grossly unfair terms, the court may void that portion of the agreement or nullify the entire agreement.

Other Matters That Could Cause a Prenup to Be Invalid in Georgia

Other issues that could make a prenup invalid or cause a judge to nullify the agreement include:

  • The agreement is not in writing
  • One or both parties were not of legal age to enter a contract
  • The parties were not single or unrelated to each other
  • The parties did not have ample time to read and review the agreement
  • The parties used the same attorney for advice regarding the prenup
  • A party was not allowed to have an independent attorney review the prenup before signing it

One of the best ways to ensure a prenuptial agreement is enforceable in Georgia is for each party to hire separate legal counsel. The attorneys represent the parties during the negotiations and executing the prenup.

Should I Have a Prenuptial Agreement?

There are many reasons why having a prenup is in your best interest. 

You may need a prenuptial agreement if:

  • This is not your first marriage
  • You have children from a prior relationship
  • You own an interest in a business 
  • You or your partner have significant assets or debts
  • There is a financial imbalance between you and your partner

If you have questions about a prenuptial agreement, contact our Lawrenceville prenup lawyer. We assist clients in negotiating, enforcing, and challenging premarital agreements.

To learn more and get the help you deserve, contact our legal team at Crystal Wright Law and schedule your consultation today.

We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at

Crystal Wright Law Lawrenceville
440 S. Perry Street Suite 105
Lawrenceville, GA 30046
(404) 594-2143