2020 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 3 - Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
§ 19-3-60. Definition; Marriage as Valuable Consideration

Universal Citation: GA Code § 19-3-60 (2020)
  1. As used in this article, the term "antenuptial agreement" means a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year's support, spousal support, and equitable division of property.
  2. Marriage is a valuable consideration; and a spouse stands, as to property of the other spouse settled upon a spouse by marriage contract, as do other purchasers for value, provided that by the contract a spouse shall not incapacitate himself or herself from paying his or her existing just debts.

(Orig. Code 1863, § 1731; Code 1868, § 1772; Code 1873, § 1782; Code 1882, § 1782; Civil Code 1895, § 2487; Civil Code 1910, § 3006; Code 1933, § 53-403; Ga. L. 2018, p. 155, § 1-1/HB 190.)

The 2018 amendment, effective July 1, 2018, added subsection (a); designated the previously existing provisions of this Code section as subsection (b), and, in subsection (b), inserted "or herself" and "or her" near the end.

Cross references.

- Consideration generally, § 13-3-40 et seq.

Law reviews.

- For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).

JUDICIAL DECISIONS

Marriage is valuable consideration and innocent purchaser on such consideration will be protected even against subsequent bona fide purchaser. Nally v. Nally, 74 Ga. 669 (1885).

Marriage is sufficient consideration to support deed, and if the woman is guilty of no fraud, and enters into the settlement without notice of a debt, due from the man to a third party, she will be protected in the property conveyed by the settlement, against that debt. Marshall v. Morris, 16 Ga. 368 (1854); Sheridan v. Sheridan, 153 Ga. 262, 111 S.E. 906 (1922).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Husband and Wife, § 106.

C.J.S.

- 41 C.J.S., Husband and Wife, §§ 93 et seq., 111.

ALR.

- Promise to marry as consideration for note or other executory obligation made some time thereafter, 63 A.L.R. 1184.

What constitutes promise made in or upon consideration of marriage within statute of frauds, 75 A.L.R.2d 633.

Action based upon reconveyance, upon promise of reconciliation, of property realized from divorce award or settlement, 99 A.L.R.3d 1248.

Validity, construction, and enforcement of oral antenuptial agreements, 15 A.L.R.7th 2.

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