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Sides v. Sides - 290 Ga. 68, 717 S.E.2d 472 (2011)


Three factors are to be considered in deciding the validity of a prenuptial agreement: "(1) [W]as the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) [I]s the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?" Scherer v. Scherer, 249 Ga. 635, 641 (3) (292 SE2d 662) (1982).  [3] "Whether an agreement is enforceable in light of these criteria is a decision made in the trial court's sound discretion. [Cit.]" Alexander v. Alexander, 279 Ga. 116, 117 (610 SE2d 48) (2005).


Husband and wife married in 1990 after the wife became pregnant and the husband agreed to marry her on the condition that they enter a prenuptial agreement. When they divorced 20 years later, the trial court agreed to enforce the prenuptial agreement. Wife appealed.


Is the prenuptial agreement between the spouses void for lack of financial disclosures or being unconscionable?




The court affirmed and held that the evidence supports the trial court's conclusions that full financial disclosures were made to the wife before she agreed to sign the Prenuptial Agreement and that the agreement was not unconscionable. Both parties' attorneys deposed that they would not have allowed their clients to enter the agreement without full financial disclosures being made, and both attorneys signed certifications at the time that the agreement was entered indicating that they fully discussed all terms of the agreement with their clients. Husband also provided a sworn affidavit in which he stated that full financial disclosures were made. The Prenuptial Agreement itself did not require that the actual financial disclosure documents be attached to the agreement.

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