Couples create prenuptial agreements to serve as a financial safeguard before marriage. Though amicable divorces seem to be increasing, finances remain among the most significant sources of marital conflict.
When a prenup no longer seems fair, a spouse may wonder about the possibility of dissolving the contract. A few factors can invalidate the document.
Mistake of fact
The laws governing a prenuptial agreement are similar to other contracts. Mistakes and misunderstandings are not necessarily malicious, and one party may misstate the facts or unintentionally mislead the other.
In such cases, the mistaken individual can petition to rescind the agreement because of this fact. However, Georgia law requires a person to request the rescission of the contract soon after discovering the truth about the misunderstanding. Any delay usually costs a person the right to void the contract.
If one person forces another into a contract, such coercion can be grounds to nullify the agreement. Such situations are rare and can be challenging to prove.
An example might deal with a case of abuse. Another instance could involve a person with diminished mental capacity after an injury or while under the influence of alcohol or medication. These circumstances could present challenges to the validity of the document.
Intentional misrepresentation or deception on the part of one mate can lead to the nullification of an antenuptial agreement. For example, a spouse may not disclose all assets or lie about total debts. Since the other entered the contract without accurate knowledge, the contract may not be legal.
Other circumstances of unreasonableness and unconscionability can make a prenup void as well. A person who wants to challenge the contract usually needs to prepare documents and testimony to establish such evidence.