Updated May 17, 2023
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A Georgia prenuptial agreement, referred legally in Georgia as an “antenuptial agreement,” is a marital contract created before marriage to define how property is to be managed throughout the marriage and divided upon divorce. A prenuptial agreement essentially an estate planning tool that ensures one’s property is protected should a partnership terminate. Often it is the case that such an agreement is created when one party has significantly more in the way of assets and property than the other, or if one or both partners had a previous marriage and would like to ensure their inheritance is secured.
Signing Requirements (§ 19-3-62) – Both prospective spouses and at least two witnesses are required to sign. One witness must be a notary public.
Laws
- § 19-3-60 – Definition; marriage as valuable consideration
- § 19-3-61 – Effect of minority of party
- § 19-3-62 – Requirements and construction of antenuptial agreements
- § 19-3-63 – Construction of marriage contract; attestation
- § 19-3-64 – Voluntary execution of antenuptial agreement; conveyance of property during marriage
- § 19-3-65 – Powers of superior court judge in appointing and removing trustees and protecting trust estate
- § 19-3-66 – Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements