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GA Court enforced parties’ prenuptial agreement; wife received full financial disclosure.

Posted Mar.02, 2012 by Cynthia J. Remboldt, Esq., under Prenuptial Agreement

 Prenuptial Agreement

Judgment in parties’ divorce case, affirmed, as trial court did not err in enforcing parties’ prenuptial agreement; evidence supported trial court’s finding that wife received full financial disclosure prior to signing agreement, agreement was not unconscionable, wife knew husband for many years prior to their courtship and was aware of vast disparity between husband’s income as business owner and her own prior to their marriage, and wife did not show that increase in husband’s net worth over their nearly 20-year marriage presented change in circumstance that would make enforcement of agreement unfair and unreasonable; trial court’s decision to enforce prenuptial agreement disposed of all of wife’s counterclaims, which dealt with matters agreement specifically covered.

Sides v. Sides, S11F1140 (11/07/11)

Fulton County Daily Report, November 18, 2011

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GA Prenup – Wife Does not Have Duty to Inquire If Husband Is Failing To Disclose Finances

Posted Nov.14, 2009 by Cynthia J. Remboldt, Esq., under Alimony, Divorce, Equitable Division, Prenuptial Agreement

 duty to disclose finances, financial disclosure, Prenuptial Agreement

Grant of partial summary judgment to husband in parties’ divorce case, REVERSED, as fact question remained regarding whether husband disclosed his income to wife prior to execution of prenuptial agreement;  wife did not have duty to inquire as to husband’s financial situation and insufficient evidence existed for Court to conclude as matter of law that parties’ standard of living prior to marriage put wife on notice that husband failed to disclose material facts so as to render nondisclosure immaterial.

From:  Fulton County Daily Report (10/09/09)

Quarles v. Quarles, S09A0928 (09/28/09), 09 FCDR 3046

Attorney:  Terry D. Tolbert, Lawrence L. Washburn III

Judges: Valerie Head, Gwinnett Superior Court; Supreme Court of GA, Carley

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