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Prenuptial Agreements can be enforceable in Georgia. In determining whether a Prenuptial Agreement is enforceable in a particular case, a trial judge will employ three criteria:

(1) Was the Prenuptial Agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts?

(2) Is the Prenuptial Agreement unconscionable?

(3) Have the facts and circumstances changed since the Prenuptial Agreement was signed, so as to make its enforceable unfair and unreasonable?

The seminal Georgia case determining that Prenuptial Agreements can be enforceable in Georgia is Scherer v. Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982).

Prenuptial Agreements should contain a full and fair disclosure of all material facts and each party's property, assets and income as exhibits. Each party to a Prenuptial Agreement should have his or her own attorney.

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