Official Code of Georgia Annotated

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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.

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.

Cross references

Effect of marriage on debt created prior to ceremony, § 13-4-82.

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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 356 to 357; merge action: carried; file SHA-256 eddc877da9f2.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.