effects on the status of prenuptial agreements and property division in Atlanta. What was once thought to be iron-clad, a prenuptial agreement has been set aside on account of fraud. Although the husband who will be negatively affected by this decision plans on taking the case to the highest court in the state, this could still be the start of change within family law.
The husband and wife in question are still married, but the woman is planning on divorcing her husband once she knows the result of her litigation. She had married a millionaire who, for three months before their marriage, pressured his soon-to-be wife to sign a prenuptial agreement. For months she held off, but when the husband finally said that the agreement would be void if she had children, she signed.
That condition was never recorded into the prenuptial agreement, however. Instead, the woman relied on his oral promise to void the agreement when she signed it. Unfortunately for her, despite having three children with her husband, she is still bound to the prenuptial agreement. That is, until she used a commercial contract attorney to fight the agreement.
By using contract law, the attorney was able to show that the woman had been induced to sign the agreement with her husband’s promise, making the agreement fraudulent and being enough to set it aside.
Even if this case never alters Georgia law, it does show just how complex family law can be and the importance of a strong and experienced divorce attorney while trying to end a marriage and divide property.
Source: The Wall Street Journal, “NY court decision voiding prenup sparks legal row,” March 12, 2013
Please visit our division of property and debts page to find out more about how a prenuptial agreement can affect a divorce.