Prenuptial agreements whee a spouse waives his/her rights in anticipation of a divorce have been held not valid because the agreements contravene public policy which has been to hinder divorce.  However, it has been held in recent years that prenuptial agreements can be enforced in special circumstances. 

Agreements in contemplation of divorce and dealing with issues such as alimony, property division, child custody, child support and visitation are not necessarily invalid.  The question of whether such an agreement should be allowed and incorporated into a divorce decree is at the discretion of the court. 

The court looks at three factors: (1)  Was the agreement made through the means of fraud, duress, mistake, misrepresentation, or nondisclosure of facts? (2) Is the agreement unconscionable (shock the conscious as reasonable)? (3) Have circumstances changed so much that enforcing the agreement would be unfair and unreasonable?

Deciding whether to enter into a Georgia prenuptial agreement is a complicated matter and should not be done without serious contemplation and consideration.