Prenuptial agreements are common among couples who have substantial assets across Georgia. A couple that creates a prenuptial agreement usually has good reasons to do so.
These reasons may include protecting a family business, keeping financial assets separate, or property ownership. Most of the time, these prenuptial agreements are done right and are legal documents. But there can be situations in which a prenuptial agreement is invalid.
An agreement may be fraudulent if both spouses do not disclose all of their assets. A spouse may also not disclose the full value of their assets. Either one of these situations may invalidate the agreement.
An agreement made when one person was incapacitated or under duress
Although rare, a person may be coerced into signing a prenuptial agreement. If a person signs an agreement because they are forced to or signs an agreement because of a diminished mental capacity, the agreement may be invalidated.
Improperly filed paperwork
Careless errors can lead to an agreement being invalidated. Errors may include not filling out the paperwork correctly, not having it notarized, not filing the paperwork correctly if necessary, etc.
Not having proper legal representation
If the prenuptial agreement is signed without legal representation, it may be invalidated. Each person should have their own attorney review the agreement and make sure it is valid. A legal professional who is skilled in family law can help their client draft and review a prenuptial agreement that works for their situation. An attorney understands how important it is to protect assets in the event of an unexpected divorce situation.