Prenuptial Agreements — Enforceability, Litigation & the Sherer Test

Prenuptial Agreements — Enforceability, Litigation & the Sherer Test

Prenuptial agreements are only as strong as their enforceability. In this class, we examine the governing Georgia law, key appellate decisions, and the evidentiary framework courts use when determining whether a prenuptial agreement will stand.

We begin with the foundational case law, including the Sherer v. Sherer test, and break down the three-prong analysis applied by Georgia courts:

• Whether the agreement was obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material facts

• Whether the agreement is unconscionable

• Whether enforcement would be unfair or unreasonable under current circumstances