Valid Prenuptial Agreements in Georgia

Getting married is a great opportunity for a couple to build a life together. When two individuals combine their life, there are a lot of factors that need to be considered. Combining finances is one of the major challenges in any marriage and if the marriage doesn’t work out, untangling them can be even more difficult. Luckily, with the help of a prenuptial agreement, each party’s finances can be protected before the marriage even begins. There is a common misconception that prenuptial agreements are only for individuals with a high net worth, but this is not the case. Prenuptial agreements can be a great way for anyone, of any financial worth, to protect what they have worked so hard for.

How do I know if my prenuptial agreement is valid?

In the state of Georgia, there are certain requirements that a prenuptial agreement must meet in order to be considered valid. The agreement must be voluntary, include a full and fair financial disclosure, be executed prior to marriage, and must be in writing. Both parties should retain their own legal representatives to ensure that their best interests are protected and both parties agree to the terms. If one party decides not to retain legal representation, they must sign a statement saying that they refused representation and that they are willing to accept the agreement.

Enforcing Prenuptial Agreements in Georgia

Georgia uses what is known as the Scherer Test to determine whether a prenuptial agreement is enforceable. Some of the reasons that this test may determine that a prenuptial agreement is not enforceable include that:

  • the agreement was executed by misrepresentation, non-disclosure of information, mistake, or fraud
  • the agreement is unacceptable
  • there is evidence that the agreement is unfair or unreasonable

Contact a Georgia Family Law Attorney

If you have questions regarding the prenuptial agreement process, it is important to consult with an experienced family law attorney. Contact our office today to learn how we can assist you.

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

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