Adams v. Adams, 278 Ga. 521

603 S.E.2d 273 (2004) · Supreme Court of Georgia · September 27, 2004 · No. S04F0841

Summary

The Supreme Court of Georgia upheld enforcement of an antenuptial agreement that limited the wife's financial recovery upon divorce. The court held that the agreement was not unconscionable because it was entered voluntarily with disclosure of the parties' assets and an opportunity for independent legal advice. The court also held that evidence of the husband's alleged infidelity was irrelevant to the enforcement determination under the circumstances.

Holdings

  1. The antenuptial agreement was not unconscionable and was properly enforced because the parties fully disclosed their assets, Wife entered the agreement voluntarily with an opportunity for independent legal advice, and the disparity in their estates did not alone make the agreement unconscionable.
  2. The trial court did not err in excluding evidence of Husband's alleged infidelity because, under the specific facts of this case, the allegations were irrelevant to unconscionability or changed circumstances.

Questions Presented

  1. Whether the antenuptial agreement was unconscionable and therefore unenforceable.
  2. Whether the trial court improperly limited the hearing on Husband's motion to enforce the antenuptial agreement by excluding evidence of Husband's alleged infidelity during the marriage.

Disposition

affirmed

Cases Cited (1)

  • Scherer v. Scherer, 249 Ga. 635, 640(2), 641(3), 292 S.E.2d 662 (1982)(followed)

Cited In (0)

No citing cases on record yet.

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