A Georgia judge can decide on summary judgment whether a prenuptial agreement is enforceable, but only when no material fact about it is genuinely disputed.
It Can Be Done
Scherer v. Scherer, 249 Ga. 635 (1982), the decision that made these agreements enforceable in Georgia, came up this way. Both spouses moved for partial summary judgment, the trial court ruled the agreement enforceable, and the Georgia Supreme Court affirmed. In Dove v. Dove, 285 Ga. 647 (2009), the Court rejected a wife’s challenge to the procedure, holding “the trial court did not err in resolving the enforceability of the prenuptial agreement on summary judgment.”
But Not Over a Disputed Fact
Later that year, Quarles v. Quarles, 285 Ga. 762 (2009), went the other way. The husband moved for partial summary judgment to enforce an agreement waiving alimony. His testimony was some evidence that he had disclosed his income before the signing, but asked whether he had, his wife answered, “No, I do not recall that at all.” The trial court found no genuine issue of material fact, held the agreement enforceable, and ruled she was not entitled to alimony. The Supreme Court reversed, holding that her answer created “a genuine issue of material fact regarding whether Husband disclosed his income to Wife prior to execution of the prenuptial agreement.”
Why the Kind of Motion Matters
Quarles pointed out that the husband “could have moved to enforce the prenuptial agreement.” On a motion to enforce, the judge sits in equity, decides the disputed facts, and is reversed only for an abuse of discretion. On summary judgment, the judge may not resolve a factual dispute at all, only decide whether one exists. So even though the husband had testified to the disclosure, his wife’s answer was enough to defeat his motion.
The general rules are in our posts on the summary judgment standard in a Georgia divorce and on de novo review of summary judgment.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!