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Prenuptial Agreement Upheld by Georgia Supreme Court: Georgia Attorney Discusses the Decision

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In the Georgia Supreme Court case of Lawrence v. Lawrence (S09A1370), the husband was wealthy and had two previous divorces, so he sought a prenuptial agreement from his third wife (and soon to be third ex-wife).  A month before the marriage, a prenuptial was crafted by his attorney after meeting with the couple on two occasions and making sure that both agreed that they were aware each other’s income and finances.  Language reflecting that understanding was expressly included in the agreement.  Prior to signing, the wife was provided an opportunity to have another attorney review the agreement since the current attorney only represented the husband.  The wife declined to seek advice from an outside lawyer and signed the agreement.  The agreement was signed in front of the notary as the sole witness.

Three years later, when the husband and his Georgia divorce lawyer filed for divorce and sought to have the prenuptial agreement enforced, the wife and her Georgia divorce lawyer counterclaimed that the prenuptial agreement was unenforceable because under Georgia law, two people were required to witness the “marriage contract” which was “made in contemplation of marriage.”  Additionally, the wife argued that she was not aware of her husband’s income or property before signing the prenuptial agreement.

The Georgia Supreme Court found the fact that only one witness signed the agreement while two are required to witness a “marriage contract” was not a grounds for reversal.  The Court reasoned that an “antenuptial agreement that purports to settle alimony issues is classified under Georgia law as a contract ‘made in contemplation of divorce’, not a contract, ‘made in contemplation of marriage.’”

In regards to wife’s argument that there was not full disclosure by the husband regarding his wealth, the Georgia Supreme Court found that the evidence was sufficient for the trial court to find that the wife had knowledge of his business, the gifts and money provided to her in the courtship, the home and properties which she visited and other evidence of wealth.  However, the Supreme Court thought the better practice would be for the parties to attach financial statements as part of the prenuptial agreement, but that standard was not required to meet the standard set out in Scherer v. Scherer (1982).
At Breakfield & Associates, Attorneys, Georgia Injury Lawyer John Breakfield welcomes anyone with any reimbursement questions to Call or Email Us. Please remember that all personal injury and reimbursement initial consultations are free of charge.

About the author: John Breakfield is a lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia (GA).  Our attorneys can assist our clients with Domestic and Family Law, Personal Injury & Accident cases, Business Law, Civil Litigation, Driving Under the Influence (DUI) throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), White County (Cleveland), Lumpkin County (Dahlonega), Habersham County (Demorest, Cornelia), and all of North Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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