Georgia Prenuptial Agreement Laws: Requirements and Enforceability

A prenuptial agreement can be enforced in Georgia, where the Code calls it an antenuptial agreement. The rules come from O.C.G.A. §§ 19-3-60 to 19-3-66 and from the Georgia Supreme Court's test in Scherer v. Scherer, 249 Ga. 635 (1982). Under § 19-3-62, the agreement must be in writing, signed by both parties, and attested by at least two witnesses, one of whom is a notary public.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers premarital (antenuptial) agreements in Georgia under the Official Code of Georgia Annotated (O.C.G.A.) §§ 19-3-60 to 19-3-66 and § 19-3-9, and the Georgia Supreme Court decision in Scherer v. Scherer (1982). Statute quotations show what those sections provide as compiled in the Georgia Code; the General Assembly can amend them, so check the current code before relying on exact wording. It does not cover child support or custody terms, tax treatment, time limits for challenging an agreement, cohabitation agreements or other states' law. It is information only, not a template or drafting guide.

Are prenups enforceable in Georgia?

Yes, subject to the formal requirements in § 19-3-62 and the fairness review the Georgia Supreme Court set out in Scherer v. Scherer. In Scherer, the court held that antenuptial agreements settling rights on divorce are not absolutely void as against public policy, but that "such contracts, as others, should not be given carte-blanche enforcement."

Georgia's statute defines the agreement broadly. Section 19-3-60(a) provides:

"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."

Section 19-3-60(b) adds that "Marriage is a valuable consideration," so the marriage itself supports the contract.

What a Georgia prenup must look like to be valid

Section 19-3-62 sets the formalities:

"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."

That gives four requirements:

• In writing. An oral promise does not meet § 19-3-62.
• Signed by both parties who agree to be bound.
• Two witnesses. At least two people must attest the agreement.
• A notary. One of the two witnesses must be a notary public.

The second sentence of § 19-3-62 cuts the other way: courts construe these agreements liberally to carry out the parties' intent, and "no want of form or technical expression" invalidates one. Section 19-3-63 applies the same writing, signature and two-witness-with-notary rule to a marriage contract made in contemplation of marriage.

Agreements signed before July 1, 2018

The current wording of § 19-3-62 took effect July 1, 2018, under House Bill 190. Before that change, the Georgia Supreme Court held in Dove v. Dove (2009) that the two-witness rule then in § 19-3-63 did not apply to a prenuptial agreement settling alimony, because such an agreement is not one made in contemplation of marriage. This page does not cover how the 2018 change applies to an agreement signed before it took effect; a Georgia lawyer can review an older agreement against the rule in force when it was signed.

When a Georgia court may refuse to enforce a prenup

Even a properly signed agreement can be set aside. Scherer v. Scherer directs the trial judge to use three criteria:

"(1) was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts? (2) is the agreement unconscionable? (3) Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable?"

Fraud, duress, mistake and disclosure. The first question covers both how consent was obtained and what each party knew. Nondisclosure of material facts is listed alongside fraud and duress, so a party's financial disclosure can become an issue in a challenge.

Unconscionability. The second question asks whether the agreement is unconscionable.

Changed circumstances. The third question looks past the signing date. A Georgia court can consider whether facts have changed since the agreement was executed so that enforcing it would be unfair and unreasonable.

These criteria come from the court's decision rather than from the sections quoted on this page. This page does not cover how Georgia courts have applied each criterion to particular facts, or whether a later statute or case has refined them.

Spousal support and alimony in a prenup

Section 19-3-60(a) names "spousal support" and "year's support" among the issues an antenuptial agreement may resolve, along with "equitable division of property." The Scherer criteria apply to these terms as to the rest of the agreement. This page does not cover any further limit on waiving alimony. For how Georgia courts award alimony without an agreement, see Georgia alimony laws.

Child support and custody

The antenuptial sections quoted on this page (§§ 19-3-60 to 19-3-66) do not address child support or custody terms. This page does not cover whether, or how far, a Georgia prenup can affect them; ask a Georgia family lawyer.

Other rules in the antenuptial article

Minors. Section 19-3-61 provides: "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."

Existing debts. Under § 19-3-60(b), a spouse stands, as to property settled 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."

Who can enforce the agreement. Section 19-3-66(b) provides that 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 15-9-30, 23-1-4 and 53-7-40 and a further proviso in the same paragraph.

Transfers during the marriage. Section 19-3-64 provides: "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."

Changing or revoking a Georgia prenup

The antenuptial sections quoted here do not set out a procedure for amending or revoking an agreement. This page does not cover how a Georgia prenup is changed or revoked after signing; a lawyer licensed in Georgia can advise on a specific agreement.

Postnuptial agreements in Georgia

Georgia's Code refers to postnuptial agreements only briefly. Section 19-3-66(a) provides: "Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate." Section 19-3-64 lets a spouse convey property to the other spouse at any time during the marriage.

The antenuptial article has no separate section setting validity rules for postnuptial agreements. This page does not cover the standard Georgia courts apply to them.

How Georgia handles property without a prenup

Without an agreement, § 19-3-9 provides that "The separate property of each spouse shall remain the separate property of that spouse, except as provided in Chapters 5 and 6 of this title and except as otherwise provided by law." Chapters 5 and 6 cover divorce, alimony and child support. For how property is divided at divorce, see Georgia divorce laws.

Getting help

A lawyer licensed in Georgia can draft or review a prenuptial agreement, and each party can have the agreement reviewed by a lawyer of their own choosing. Georgia Legal Aid, a nonprofit, publishes general information on marriage in Georgia, including prenuptial agreements.

Disclaimer: This article provides general legal information about antenuptial agreements under the Official Code of Georgia Annotated and Georgia Supreme Court case law, verified on 2026-10-09. It is not legal advice and is not a template. For advice about a specific agreement, consult a lawyer licensed in Georgia.

Related

• Prenuptial agreement laws in every state
• Georgia divorce laws
• Georgia alimony laws

Last updated: 2026-10-09.

Frequently Asked Questions

Does a prenup need to be notarized in Georgia?

Yes. O.C.G.A. § 19-3-62 requires the agreement to be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public.

Can a Georgia prenup be thrown out?

Yes. Under Scherer v. Scherer (1982), a court asks whether it was obtained through fraud, duress, mistake, misrepresentation or nondisclosure of material facts, whether it is unconscionable, and whether changed circumstances make enforcement unfair and unreasonable.

Can a Georgia prenup waive alimony?

Section 19-3-60(a) lists spousal support and year's support among the issues an antenuptial agreement may determine. Those terms are subject to the same Scherer review as the rest of the agreement.

What does a prenup cover in Georgia?

Under § 19-3-60(a), an antenuptial agreement can determine property rights or settle future issues including, but not limited to, year's support, spousal support and equitable division of property.

Can a minor sign a prenup in Georgia?

Section 19-3-61 provides that a party's minority does not invalidate an antenuptial agreement so long as the party is of lawful age to contract marriage.

Are postnuptial agreements valid in Georgia?

Section 19-3-66(a) provides that marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. The antenuptial article has no separate section setting validity rules for postnuptial agreements.