February 28, 2013
Are Prenuptial Agreements Legal and Enforceable?
Prenuptial agreements (also referred to as antenuptial agreements) recognize the respective rights of each party in the event of the death of either party or in the event of divorce. These agreements were definitively recognized as enforceable by the Georgia Supreme Court in 1982. The Courts will recognize such agreements and the terms and provisions contained therein so long as none of the following circumstances are present:
(1) The agreement obtained through fraud, duress, or mistake;
(2) The the agreement unconscionable; or
(3) The facts and circumstances have changed since the agreement was executed so as to make its enforcement unfair and unreasonable?