2022 Georgia Code
Title 19 - Domestic Relations
Chapter 3 - Marriage Generally
Article 3 - Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
§ 19-3-63. Construction of Marriage Contract; Attestation
Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate the same. Such marriage contract 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.
History. Orig. Code 1863, § 1726; Code 1868, § 1767; Code 1873, § 1777; Code 1882, § 1777; Civil Code 1895, § 2482; Civil Code 1910, § 3001; Code 1933, § 53-407; Ga. L. 2018, p. 155, § 1-1/HB 190.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of the second sentence of this Code section for the former provisions, which read: “The contract must be attested by at least two witnesses.”
History of Section.
The language of this Code section is derived in part from the decisions in Blake v. Irwin, 3 Ga. 367 (1847) and Lafitte v. Lawton, 25 Ga. 305 (1858).
Law reviews.
For annual survey of law on domestic relations, see 62 Mercer L. Rev. 105 (2010).
For article, “Parentage Prenups and Midnups,” see 31 Ga. St. U.L. Rev. 343 (2015).
