Protecting the Best Interests of Our Prenuptial Agreement Clients
For some couples entering a union with another, protecting assets is an important part of exchanging vows. Prenuptial agreements have a negative stigma attached to them. A lot of people shy away from discussing prenuptial agreements because they think it demonstrates distrust. Others think prenuptial agreements are for those expecting the worst before experiencing what should be the best moments of life. The reality is, with such a change in social standards and the uptick in second marriages, a greater number of people are turning to prenuptial agreements the ensure that the fiscal aspect of the relationship is put aside for a more “pure” vision of the future. People are turning to prenuptial agreements to focus on what matters. Protecting your assets can provide great solace knowing that a future is quite uncertain. Though broaching the subject with your fiancé may be difficult, we are ready to help you draft a durable prenuptial agreement that protects your assets and lets you enter a marriage with your important affairs in order. If you are asked to sign a prenuptial agreement, it is important to do so with your interests protected. You also need quality legal support that will work to ensure that the agreement is fair and just. For a consultation with an experienced prenuptial agreement attorney, contact The Alfred Law Firm.
What makes a valid prenuptial agreement?
In order to execute a valid prenuptial agreement, the document must be completed following certain requirements.
- It must be voluntary
- It must include a full and fair financial disclosure
- It must be executed before the marriage
- It must be in writing
It is important to retain separate counsel to ensure the document is in your best interests and your rights are protected.
For many years, prenuptial agreements were regularly invalidated in Georgia courts. In 1982, a landmark case changed everything. Scherer v. Scherer was a breakthrough case in the Georgia Supreme Court that challenged the premise that prenuptial agreements were contrary to public policy. The case established that undeniable changes in social norms negated the justification for the dismissal of all prenuptial agreements. Now, the validity of prenuptial agreements is assessed according to what is commonly referred to as the Scherer Test or Scherer Factors. Prenuptial Agreements are generally enforceable in Georgia unless it can be shown that:
- The agreement was executed by the way of fraud, duress or mistake, or through misrepresentation or non-disclosure of material facts
- The agreement is unacceptable
- Evidence that the enforcement of the agreement is now unfair and unreasonable.
Contact The Alfred Law Firm
A prenuptial agreement may be the right choice for your situation. Our firm works closely with clients to help them make informed decisions about their future. If you are interested in executing a prenuptial agreement or have been asked to sign one, it is important to discuss your situation with our firm. For a consultation, contact The Alfred Law Firm.