Georgia Premarital and Prenuptial Agreements
The Uniform Premarital Agreement Act, which was written by the National Conference of Commissioners on Uniform State Law in 1983, encourages the enforcement of prenuptial agreements. The exact UPAA standards differ from state to state just like other divorce laws. The following is the Georgia state statutes regarding premarital and prenuptial agreements and how they are considered and enforced by the Georgia court.
Georgia: O.C.G.A. § 19-13-60, 61, 62, 63, 66, 67 (2007)
(Georgia State Law School)
O.C.G.A. § 19-3-60 (2007). Marriage as Valuable Consideration for Contract.
Marriage is sufficient to supply consideration to create a binding contract, but a spouse cannot contract to incapacitate themselves from paying any existing debts.
O.C.G.A. § 19-3-61 (2007). Effect of Minority of Party to Contract.
A marital article is not invalidated if the parties to the contract are minors, so long as they are of legal age to marry.
O.C.G.A. § 19-3-62 (2007). Marriage Articles.
This section defines the term “marriage articles,” as used in other code sections in the article. Marriage articles is defined to mean any antenuptial agreement between the parties to a marriage contemplating a future settlement upon one spouse. It goes on to explain when marriage articles can be enforced and by whom. It further states that an agreement which needs no future conveyance to effect its purposes, is an executed contract and does not come under this definition.
O.C.G.A. § 19-3-63 (2007). Construction and Attestation of Contract in Contemplation of Marriage.
Prenuptial agreements are to be liberally construed to effectuate the intent of the parties. Lack of form or technical expression will not invalidate the contract. Additionally, two witnesses are required.
O.C.G.A. § 19-3-64 (2007). Voluntary Execution of Agreement; trust deeds.
This section allows a spouse to convey property to the other spouse during the marriage, either by marital article, through trustees, or direct conveyance to the spouse.
O.C.G.A. § 19-3-66 (2007). Prenuptial Agreements Executed in Favor of Volunteers.
States that marriage contracts are enforced at the instance of all persons in whose favor there are limitations of the estate. “Marriage articles shall be executed only at the instance of the parties to the contract and the offspring of the marriage and their heirs; but, when executed at their instance, the court may execute also in favor of other persons and volunteers.”
O.C.G.A. § 19-3-67 (2007). Record of Marriage Contracts and Voluntary Settlements.
Marriage contracts and voluntary settlements made by spouses, regardless of whether made in execution of marriage articles, must be recorded in the office if the clerk of the superior court of the county of the residence of the spouse making the settlement within three months of execution.