Tiger Woods and Renegotiating Prenuptial Agreements
Question: I heard that Tiger Woods and Elin Nordegren Woods are renegotiating their prenuptial agreement. Can they do that?
Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.”
In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982).
For more information on the enforceability of these agreements, click here and see my blog entry on this topic.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.Labels: Carla Schiff
Question: I heard that Tiger Woods and Elin Nordegren Woods are renegotiating their prenuptial agreement. Can they do that?
Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.”
In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982).
For more information on the enforceability of these agreements, click here and see my blog entry on this topic.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.
Yes. A married couple can enter into what’s called a “postnuptial agreement”, which is like a prenuptial agreement, but is signed during the marriage rather than before the marriage. When these agreements are entered into because they are prompted by a problem in the marriage, such as infidelity, they are sometimes referred to as “reconciliation agreements.”
In Georgia, whether it is a prenuptial, postnuptial or reconciliation agreement, the ultimate decision of whether the document is enforceable is at the discretion of the court employing the following criteria: (1) Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) Is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable? Scherer v. Scherer, 249 Ga. 635, 641 (1982).
For more information on the enforceability of these agreements, click here and see my blog entry on this topic.
Written by Stern & Edlin Lawyer, Carla Schiff.
Click here to learn more about the Stern & Edlin Family Law firm.
Labels: Carla Schiff