GEORGIA PRENUPTIAL AGREEMENT LAWS
Article 3. Marriage Contracts, Postnuptial Settlements, and Antenuptial Agreements (2026)
(OCGA SEC. 19-3-60 et. seq)
OCGA § 19-3-60 Definition; Marriage As Valuable Consideration
(a) 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.
(b) 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.
OCGA § 19-3-61 Effect of Minority of Party
The minority of either party to an antenuptial agreement or to a marriage contract shall not invalidate it, so long as the party is of lawful age to contract marriage.
OCGA § 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.
OCGA § 19-3-64 Voluntary Execution of Antenuptial Agreement; Conveyance of Property During Marriage
A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or creditors without notice.
OCGA § 19-3-65 Powers of Superior Court Judge In Appointing and Removing Trustees and Protecting Trust Estate
Subject to Code Sections 15 15-9-127, 23 23-1-4, and 53 53-12-6, the judge of the superior court of the county of a spouse's domicile may at any time, upon petition, exercise equitable powers in appointing, removing, or substituting trustees or in granting any order for the protection of the trust estate, exercising a wise discretion as to the terms on which the appointment shall be made or on which the order shall be granted.
OCGA § 19-3-66 Enforcement of Marriage Contracts, Postnuptial Settlements, and Antenuptial Agreements
(a) Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate.
(b) Antenuptial agreements may be enforced by a court of equity at the instance of:
(1) The parties to the marriage; or
(2) The offspring of the marriage and their heirs at any time after the death of a spouse, subject to Code Sections 15 15-9-30, 23 23-1-4, and 53 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.