When entering into marriage, some couples in Georgia may choose to sign a prenuptial or antenuptial agreement to establish how they will divide their assets and debts in the event of divorce or separation.
However, at the time of a divorce, one party may wish to challenge the validity or enforceability of the agreement. There are several options for doing this.
Involuntarily signing
Georgia law requires anyone signing an antenuptial agreement to do so voluntarily. An individual may argue that he or she signed the agreement under duress or coercion. For example, the other party may have made threats of calling off the wedding or withholding financial support if the individual did not sign.
Unfavorable terms
A person may also show the agreement was unconscionable, which means the terms of the agreement were so one-sided or unfair that no reasonable person would have agreed to them. For example, if one party did not fully disclose their assets or if the agreement heavily favors one party over the other, a court may find it unconscionable.
Fraud or misrepresentation
A party may challenge the agreement due to fraud or misrepresentation. If he or she can show that the other party lied about their financial situation or other important matters at the time of signing the agreement, a court may set it aside.
Failure to meet requirements
It is important to note that in Georgia, prenuptial agreements are subject to certain formalities to be valid. For example, the agreement must be in writing and both parties must sign it. A court may not enforce an agreement that does not meet these basic requirements.
If a party wishes to challenge a prenuptial agreement, he or she should act promptly, as there may be time limits for challenging the agreement.
