Join the membership to get access to the full episode + BTS exclusive content! Full episodes release 2x a week! https://www.youtube.com/channel/UCxHNZUsr5RvPmOIz7bhX34A/join Attorney Cynthia Hawes explains why judges throw out prenups. Judges invalidate prenups when the agreement fails basic contract/fairness rules — not simply because one spouse later regrets signing it. In Georgia, courts use what is often called the Scherer test. A judge looks at whether the prenup was caused by fraud, duress, mistake, misrepresentation, or nondisclosure of important facts; whether it is unconscionable; and whether later circumstances changed so much that enforcing it would be unfair and unreasonable. 1. Someone hid money, property, income, or debt. This is one of the biggest reasons prenups get thrown out. A prenup is usually about waiving property or support rights, so both people need a fair picture of what they are giving up. In Georgia, the Supreme Court upheld setting aside a prenup where the husband failed to make a full and fair disclosure of his assets, income, and liabilities before signing. 2. One person was pressured or did not sign voluntarily. A judge may question a prenup if it was sprung on someone right before the wedding, if they had no real chance to review it, if they were rushed, threatened, misled, or not given a meaningful chance to talk to their own lawyer. Georgia law looks at whether the agreement was entered freely, voluntarily, with understanding of its terms, and after an opportunity to consult independent counsel. 3. The agreement is extremely one-sided. A prenup can favor one spouse, but if it is so unfair that it shocks the court — for example, one person keeps almost everything and the other is left with little or no protection — a judge may find it unconscionable. Georgia’s test specifically asks whether the agreement is unconscionable. 4. Circumstances changed in a way that makes enforcement unfair. A prenup might look reasonable when signed but become unfair years later because of events the parties did not realistically contemplate. Georgia courts consider whether facts and circumstances changed after signing so that enforcing the agreement would be unfair and unreasonable. 5. The legal signing requirements were not followed. In Georgia, an antenuptial/prenuptial agreement must be **in writing**, **signed by both parties, and **attested by at least two witnesses, one of whom must be a notary public. 6. The prenup tries to control things the law does not allow. Prenups generally deal with money, property, debt, and sometimes alimony. They usually cannot predetermine child custody or child support because courts decide those issues based on the child’s best interests and legal support rights at the time of divorce. The American Bar Association notes that enforceable prenups should not contain provisions about custody, visitation, or child support. 7. The drafting is vague or overreaching. Sometimes a judge does not throw out the entire prenup but refuses to enforce certain clauses. Georgia courts have said trial judges may approve an agreement in whole, approve part of it, or refuse to approve it as a whole, depending on the facts. The safest prenups are usually signed well before the wedding, with full written financial disclosures, separate lawyers or at least the opportunity for separate lawyers, clear terms, proper witnesses/notary, and no child-custody or child-support clauses. This is general legal information, not legal advice for a specific case. #blackmillionaires #blackmillionairespodcast #jameshilltv