About
Prenuptial agreements are only as strong as their enforceability. In this class, we examine Georgia law, key appellate decisions, and the evidentiary framework courts use to determine whether a prenuptial agreement will be upheld. We begin with foundational case law, including the Scherer v. Scherer test, and break down the three-prong analysis: • Whether the agreement was obtained through fraud, duress, mistake, misrepresentation, or nondisclosure • Whether the agreement is unconscionable • Whether enforcement would be unfair or unreasonable under current circumstances Participants will learn how courts evaluate financial disclosures, timing, voluntariness, and opportunity for independent counsel. We review appellate decisions showing how prenups succeed—or fail. The litigation component includes: • Motion to Enforce Prenuptial Agreement • Response challenging enforceability • Evidentiary considerations and burden of proof • Proposed orders enforcing or setting aside the agreement We also cover strategic considerations, including early adjudication, impact on discovery, and settlement posture. By the end of this session, participants will understand not just the law—but how to analyze, defend, or challenge a prenuptial agreement in active litigation. Digital templates for motions and proposed orders are included with registration. _______________________________ Want to take it a step further? Want training tailored to your firm? We offer personalized Zoom or in-firm training sessions including lunch-and-learns, half-day workshops, and full-day intensives. _______________________________ Want ongoing support after Class? Stay connected with FLS Direct — our private, on-demand support line for family law professionals. Unlimited phone access to experienced guidance Available to your attorneys, paralegals, and legal assistants Same-day support when real-time answers matter most Find more information at https://www.familylawsolutionsinc.com/fls-direct