Scherer v. Scherer

Georgia Supreme Court adopted the three-prong test that still controls Georgia prenup enforcement: no fraud or duress at execution, not unconscionable, and changed circumstances haven't made enforcement unfair.

Why this case matters

Scherer is the entire prenup law in Georgia. Without a statutory framework, every Georgia prenup is judged by these three sentences from the 1982 opinion. For couples drafting a Georgia prenup today, designing the agreement to anticipate all three prongs — including the speculative third — is the only path to enforceability.

The facts

The Scherers signed a prenup before their marriage. At divorce, the agreement was challenged. Because Georgia had not adopted the UPAA and had limited case law specifically addressing prenups, the Georgia Supreme Court used the case to set the framework.

The holding

The court adopted a three-part test: (1) the agreement was not obtained through fraud, duress, mistake, misrepresentation, or non-disclosure of material facts; (2) it is not unconscionable; and (3) the facts and circumstances have not changed since execution so as to make enforcement unfair and unreasonable. All three prongs must be satisfied for the agreement to stand.

What it means for you

• Georgia uses the three-prong Scherer test as the sole framework for prenup challenges — there is no statute.
• Each prong is independent: failing any one is fatal to enforcement.
• The third prong is the wild card — courts can refuse enforcement based on circumstances that arose after signing, even if the original document was unimpeachable.
• Full financial disclosure is the practical defense against the first prong.

Primary source

The full opinion is available at: https://law.justia.com/cases/georgia/supreme-court/1982/38539-1.html

Georgia prenup law in context

Georgia prenups are governed by Ga. Code Ann. §19-3-62 (writing requirement); enforceability per Scherer v. Scherer — official statute text. For the full cost breakdown, attorney rate ranges, and procedural requirements, see the Georgia prenup cost guide.

To check whether your specific situation has the kind of risks Scherer v. Scherer identifies, take the 60-second prenup quiz — it applies Georgia-specific rules to your answers.

A note on legal citation

This page summarizes a published court opinion for educational purposes. We aim for accuracy but recommend reading the primary source linked above for the controlling text. Court opinions can be modified, distinguished, or overruled by later decisions; for current law, consult a family law attorney licensed in Georgia.