You may have entered into a pre-nuptial agreement before you got married, believing it would ensure a fair outcome if you divorced. However, if divorce is now becoming a real possibility, you might regret the pre-nuptial agreement you signed.
The terms of a valid pre-nuptial agreement can be challenged in some situations.
Generally, you cannot challenge the agreement simply because you no longer want the terms or believe them to be unfair. A spouse’s bad behavior, such as an affair, is also usually not enough to invalidate a pre-nuptial agreement, unless that right is specifically included in the terms.
When can you challenge a pre-nuptial agreement?
You can typically challenge a pre-nuptial agreement in a few different circumstances.
A pre-nuptial agreement in Georgia must be entered into willingly. Additionally, you must have received complete information about assets and liabilities before you signed. You should also have had time to thoroughly review the agreement and consult with an attorney before signing.
If you learn that your spouse had not disclosed all assets and/or liabilities in the pre-nuptial agreement or you were rushed into signing it, you could challenge the agreement by declaring you signed under fraudulent circumstances.
Another reason for challenging a pre-nuptial agreement is if the facts and circumstances under which you signed have substantially changed. The key word here is substantially.
A substantial change is often considered on a case-by-case basis
The circumstances of almost all marriages change over time, especially in long-term marriages. Minor changes, such as a slight increase in salary, are usually not enough to negate an entire pre-nuptial agreement.
However, one spouse receiving a six-figure inheritance or starting a new business that becomes immensely successful might be considered a major enough change. A court could analyze the terms of the pre-nuptial agreement to determine if they are now unfairly benefiting one spouse over another.
If you have a pre-nuptial agreement, you should carefully review the terms, and consider your current situation. Before challenging the terms, it helps to have a realistic idea of your chance of success.