Not Just for the Rich and Famous
In 1982, the Georgia Supreme Court overruled its prior decisions and held that antenuptial agreements in contemplation of divorce are not absolutely void as against public policy (see Scherer vs. Scherer, 249 Ga. 635, 292, S. E. 2d 662 (1982) ]. The court set out three criteria to be used in determining whether an antinuptial agreement should be enforced. First, the agreement must not have been obtained through fraud, duress, or mistake, or through misrepresentation or nondisclosure of material facts. Secondly, the agreement must not be unconscionable. Thirdly, consideration must be given to existing facts and circumstances to determine whether they have changed since the agreement was executed so as to make enforcement unfair and unreasonable.
Every antenuptial agreement must be attested by at least two witnesses [O.C.G.A. S 19-3-63J ].
It must be recorded in the office of the clerk of the superior court of the county of residence of the party making the settlement within three months after the execution of the contract [O.C.G.A S 19-3-67 (a) ]. A contract that is not recorded has no force or effect against one-who , bona fide and without notice, becomes a purchaser, creditor, or surety [O.C.G.A. S 19-3-67 (b)].