Marriage is a commitment but it’s also a financial partnership that evolves over time. Businesses launch, debts accumulate and inheritances reshape a couple’s finances. A postnuptial agreement gives married spouses a legal tool to redefine their financial arrangement after the wedding. The real question is whether Georgia courts will stand behind it.
What is a postnuptial agreement?
A postnuptial agreement (postnup) is a written contract that married spouses sign to establish how they’ll divide assets, debts and property if the marriage ends in divorce or death. It functions like a prenuptial agreement, except the couple executes it after they’ve already married.
Georgia spouses turn to postnups when a new business introduces financial risk, an inheritance complicates shared finances, or both parties want clarity after a difficult period. Under Georgia law, the courts recognize and enforce these agreements, provided they meet clearly defined legal standards.
Georgia’s three-question test
Judges apply a strict three-question test rooted in the foundational case Scherer v. Scherer before enforcing any postnup:
- Did fraud, duress, mistake or misrepresentation taint the agreement?
- Does the agreement shock the conscience — meaning it’s grossly one-sided?
- Have circumstances changed so dramatically that enforcement now seems unfair?
When all three answers are no and both spouses signed a written agreement, Georgia courts will uphold it. Also, the spouse seeking enforcement carries the burden of proof. Any single issue gives a judge sufficient grounds to void the entire contract.
What makes a postnup stick in Georgia?
Enforceable postnups share the same foundation. Both spouses retain independent legal counsel and disclose every asset and liability honestly, since Georgia law demands full financial transparency. Both sign willingly, without urgency or coercion.
However, postnups cannot govern child custody in Georgia. Only a court order or divorce decree can address that.
Should you get one?
A postnup won’t rescue a struggling marriage, but it can provide real financial protection when circumstances shift. Consult a Georgia family law attorney before signing anything. How carefully the agreement was drafted often determines whether it holds up in court.
