At Your Law Firm, a question we’ve heard from people interested in prenups to those who have a prenup and are going through a divorce is, “How well do prenups hold up in court?”
The answers is that if you have a well-written prenup disclosing all assets and debts that was entered into freely and voluntarily by both parties, then it is likely to hold up in court in Georgia.
This is because prenuptial agreements are recognized and enforced by Georgia courts if they meet certain criteria.
Let’s take a closer look into this topic.
How Often Do Prenups Hold Up in Court?
The frequency of prenuptial agreements being upheld in court hinges on their compliance with legal requirements.
Georgia law requires full disclosure of assets, fair and equitable terms, and voluntary agreement by both parties.
If these conditions are met, Georgia courts will typically honor the prenuptial agreement.
However, if you can prove that one or more of these items is not met, then you may see a court throw out a prenup.
Best practice is to always keep evidence, documentation, and other items that support the legality and validity of your prenup at the time of drafting and signing. This way you can be prepared to defend your prenup if it is ever challenged.
Another good practice tip is to for both you and your future spouse to each be represented by your own attorney to review and draft the terms of the prenup. That way no one can later claim they were not informed – or at least had the opportunity to be informed, if they prenup is challenged.
Why Do Prenups Get Thrown Out?
Despite the general enforceability of prenuptial agreements in Georgia, there are circumstances under which they can be invalidated.
A prenuptial agreement may be thrown out if it is found to be unconscionable, meaning it is excessively unfair to one party.
Similarly, if there was fraud, duress, or mistake involved in the formation of the agreement, it likely won’t withstand judicial scrutiny.
Additionally, if the agreement was not properly executed in accordance with Georgia law, it may not be upheld in court.
This is why it is really important to make sure your prenup is as complete and within the laws as possible prior to entering into it and to getting married.
What Makes a Prenup Valid?
To ensure your prenuptial agreement stands up in court, it must meet several criteria.
First, it must be in writing. Oral prenuptial agreements are not recognized by Georgia courts.
Second, it must be entered into voluntarily by both parties without coercion.
Third, there must be a full and fair disclosure of assets and liabilities by both parties.
Lastly, the agreement must be fair and not leave one party with significantly less than they would be entitled to under the law.
If you’re missing even one of these, then your prenup could be thrown out later in court.
Prenuptial agreements can and do hold up in court in Georgia, provided they comply with the necessary legal requirements.
However, due to the intricacies of these agreements and the law surrounding them, we always recommend consulting with a knowledgeable family law attorney when drafting a prenuptial agreement.
Doing so can provide assurance that your interests will be protected and your agreement will stand up in court if ever challenged.