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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 3. MARRIAGE GENERALLY · Article 3. ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

19-3-66. Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements.

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

  1. (a)

    Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate.#

  2. (b)

    Antenuptial agreements may be enforced by a court of equity at the instance of:#

    1. (1)

      The parties to the marriage; or#

    2. (2)

      The offspring of the marriage and their heirs at any time after the death of a spouse, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40; provided, however, that when enforced at the instance of such offspring and their heirs, the court may enforce in favor of other persons.#

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, § 1730; Code 1868, § 1771; Code 1873, § 1781; Code 1882, § 1781; Civil Code 1895, § 2486; Civil Code 1910, § 3005; Code 1933, § 53-406; Ga. L. 2018, p. 155, § 1-1/HB 190; Ga. L. 2020, p. 377, § 2-24/HB 865. The 2020 amendment, effective January 1, 2021, inserted “, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40” in paragraph (b)(2).

Law reviews

For article, “Parentage Prenups and Midnups,” see 31 Ga. St. U.L. Rev. 343 (2015).

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, page 361; merge action: carried; file SHA-256 eddc877da9f2.