Prenuptial Agreements
Prenuptial and postnuptial agreements in Georgia, including validity, enforceability, and common issues.
All Posts in Prenuptial Agreements
Prenuptial Agreements and Temporary Alimony
Georgia's Supreme Court has not squarely decided if a prenuptial agreement's alimony waiver bars temporary alimony; two decisions show how the issue arises.
Read MoreSummary Judgment and Prenuptial Agreements
A Georgia judge may decide on summary judgment whether a prenuptial agreement is enforceable, but not when a material fact about it is genuinely disputed.
Read MoreWhen a Prenuptial Agreement Fails in Georgia
Once a Georgia trial court rules a prenuptial agreement void and unenforceable, the judge or jury deciding the rest of the divorce may not consider its terms.
Read MoreAre Postnuptial Agreements Enforceable in Georgia?
A postnuptial agreement signed during a Georgia marriage is enforceable, and a judge reviews it the same way as a prenuptial agreement.
Read MoreAre Prenuptial Agreements Valid in Georgia?
Prenuptial agreements are valid in Georgia, but a judge still decides whether to enforce yours.
Read MoreAre Reconciliation Agreements Enforceable in Georgia?
A reconciliation agreement signed to call off a Georgia divorce is enforceable, and the judge, not a jury, decides whether to enforce it.
Read MoreThe Three Criteria for Enforcing a Prenuptial Agreement in Georgia
Georgia judges decide whether to enforce a prenuptial agreement using a three-part test from Scherer v. Scherer.
Read MoreCan a Prenuptial Agreement Choose Another State's Law in Georgia?
Georgia courts normally honor a choice of law clause in a prenuptial agreement, but Georgia public policy sets the limit.
Read MoreCan a Prenuptial Agreement Control Equitable Division in Georgia?
A Georgia prenuptial agreement can limit what a judge considers in dividing marital property, so long as it passes the Scherer test.
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