2022 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 3 - Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
§ 19-3-62. Requirements and Construction of Antenuptial Agreements
An antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public. Antenuptial agreements shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate such agreements.
History. Orig. Code 1863, § 1724; Code 1868, § 1765; Code 1873, § 1775; Code 1882, § 1775; Civil Code 1895, § 2480; Civil Code 1910, § 2999; Code 1933, § 53-401; Ga. L. 2018, p. 155, § 1-1/HB 190.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of this Code section for the former provisions, which read: “(a) As used in this article, the term ‘marriage articles’ means any antenuptial agreement between the parties to a marriage contemplating a future settlement upon one spouse. Marriage articles, whether by parol or in writing, may be executed and enforced by a court of equity at the instance of the spouse at any time during the life of the other spouse, so long as the rights of third persons, purchasers, or creditors, in good faith and without notice, are not affected thereby.
“(b) An agreement perfect in itself which needs no future conveyance to effect its purposes is an executed contract and does not come under the definition of marriage articles.”
Cross references.
Effect of marriage on debt created prior to ceremony, § 13-4-82 .
Editor’s notes.
For application of this statute in 2020 and 2021, see Executive Orders 04.09.20.01, 06.30.21.02, 07.22.21.02, 08.19.21.02, and 09.20.21.02.
A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.
Law reviews.
For article, “Parentage Prenups and Midnups,” see 31 Ga. St. U.L. Rev. 343 (2015).
For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).
