When you and your spouse were preparing for marriage, divorce was likely the furthest thing from your minds. If you two created a prenuptial agreement, you likely did so as a precaution. Yet, you may now find yourself seeking a divorce and reviewing your prenup. And you may discover that you do not like its terms. In certain cases, you can challenge the document’s validity.
When a challenge makes sense
Georgia is one of 22 states that has not adopted the Uniform Prenuptial Agreement Act. This act outlines the terms that a prenup can enforce and makes them difficult to challenge or overturn. Yet, Georgia’s threshold for challenging your agreement is similar. So long as your prenup is a written agreement and has two witness signatures, its terms will likely stand in court.
Certain situations may make it necessary to challenge your prenup. You may want to do so if:
- Your prenup is unconscionable and leaves you at an extreme disadvantage
- Your prenup modifies your spouse’s child support obligations
- You signed your prenup under duress
- You signed your prenup without two witnesses
- Your spouse provided false or incomplete information about their assets
- You and your spouse made an oral agreement instead of a written prenup
- Your circumstances have changed since signing your prenup
Taking the steps to make a challenge
Challenging your prenup may seem difficult. But it’s worth doing if your agreement is unfair or invalid. Consulting with a family law professional can help you work toward an equitable arrangement.