A Georgia prenuptial agreement, legally termed an “antenuptial agreement,” is a contractual arrangement drafted before marriage, dictating the management of property during the union and its division in the event of divorce. Typically initiated when there’s a substantial disparity in assets or when individuals enter the marriage with previous commitments, the document acts as a protective measure to secure inheritances and maintain financial clarity.
The terms may cover various aspects such as alimony, property division, attorney’s fees, and retirement accounts. However, certain limitations exist; a prenup cannot restrict or bypass child support, child custody, or non-financial stipulations like weight gain or in-law visitation schedules.
Legal Considerations
Laws:
- § 19-3-60 – Definition; marriage as valuable consideration
- § 19-3-61 – Effect of minority of party
- § 19-3-62 – Requirements and construction of antenuptial agreements
- § 19-3-63 – Construction of marriage contract; attestation
- § 19-3-64 – Voluntary execution of antenuptial agreement; conveyance of property during marriage
- § 19-3-65 – Powers of superior court judge in appointing and removing trustees and protecting trust estate
- § 19-3-66 – Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements
Signing Requirements: It must be in writing and signed by both parties. The agreement must also be attested by at least two witnesses, with one of them being a notary public (§ 19-3-62).
Dividing Property: Equitable division (§ 19-5-13).
Enforceability Requirements
- Essential Terms for Validity: Written form, lawful terms, signed by both parties at a reasonable amount of time before the wedding, attested by two witnesses, notarized, voluntary signatures, full financial disclosure.
- Terms to Exclude: Provisions violating law or public policy, interference with child custody or support, and unconscionable provisions. Prenups must be entered voluntarily, free from fraud, duress, or misrepresentation, ensuring fairness in the agreement’s execution.
- Additional Requirements: While not legally required, it is strongly advised that both parties be represented by separate attorneys and that the certification documents of the representatives be included in the prenup.
