Challenging a Prenup

If you and your spouse entered into a prenuptial agreement and are now filing for divorce, it is important to understand the significant impact it could have on your divorce settlement. Depending on your prenup and the circumstances surrounding its creation, you may have grounds to challenge its validity in court.

Grounds for Challenging A Prenuptial Agreement

The Georgia Bar Association advises that there are three main grounds under which you may challenge a prenup:

1. If it was obtained under fraudulent circumstances, against your will, and without affording you proper legal representation.

For a prenup to be valid, it must be entered into willingly, all assets and liabilities must be disclosed, and you must have been afforded the right to consult with a prenuptial agreement attorney before signing.

2. If it was constructed in a way that unfairly benefited your partner.

Your prenup may be challenged if it is unconscionable, or unfairly benefited one party over the other. This is a broad term, applied on a case by case basis.

3. If the facts or circumstances under which you created a prenup changed considerably since signing.

If your spouse began a profitable new business over the course of your marriage, came into a windfall, or by other means accumulated additional property or assets, it may exempt you from the terms of your prenuptial agreement.

Under the Georgia Domestic Relations Code, your prenup may also be unenforceable if it interferes with the rights of third parties, creditors, or prior purchasers.