Question: I'm so glad that I got a prenup before marriage. I have not gotten married and I am not going to get married! I'm not going to marry my girlfriend because I found out that she was cheating on me. I always heard how important a prenup agreement is. But I didn't think I'd ever be in this situation.
A few days ago I got a text from a guy who wrote that “I had sex with your girlfriend.” He said some other things and was very vulgar and he described her birthmark and a small tattoo she got at the University of Georgia while she was drunk. He said they met at hotels in Buckhead, Sandy Springs, and in Alpharetta.
I confronted my girlfriend who admitted that she had sex with this guy, who she met at a bar in Atlanta when she was out with friends. So now we're not getting married.
The wedding would have been in 3 weeks. We signed a prenuptial agreement just 2 weeks ago.
I need to know if the prenup is in force because we both signed it. Under the prenup, I agreed to pay her certain amounts of money if we got divorced. I own a jewelry store. But since we're not getting married I need to know if the prenup is still valid. I need to know what to do and what I owe her.
S.F. in Roswell, GA
Answer: Since you were never married, the prenup is void and it is not enforceable. A prenup only becomes valid and enforceable when you marry, not before. So since you never married your girlfriend, she is not entitled to enforce the provisions of the prenup. Nor are you able to enforce the prenup against her.
If you and your girlfriend have commingled assets over the term of your relationship and can't decide how they should be split, ownership of those assets can be decided under Georgia contract law. A judge will decide how your property, investments, and/or money should be split without having the prenuptial agreement governing what happens.
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