Getting married in Georgia? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: Scherer v. Scherer, 249 Ga. 635 (1982) is the seminal Georgia case setting the enforceability test above. In Morrow v. Morrow (Ga.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Georgia courts apply a three-part test (from the case Scherer v. Scherer, Ga.
- Georgia has not adopted the UPAA, but it recognizes prenuptial (antenuptial) agreements through case law and a few statutes.
Are prenups legal in Georgia?
Georgia has not adopted the UPAA, but it recognizes prenuptial (antenuptial) agreements through case law and a few statutes. By Georgia law, a prenup must be in writing and signed by both parties and it must be executed with the formality required for marriage contracts – Georgia requires the signatures to be attested by two witnesses, one of whom must be a notary public. (See O.C.G.A.
What makes a Georgia prenup enforceable?
Georgia courts apply a three-part test (from the case Scherer v. Scherer, Ga.
What you can—and can’t—include
In Georgia, prenups can cover property division (including designation of separate vs marital property), allocation of debts, and waiver or limitation of alimony. Georgia courts will enforce alimony waivers (parties may contract that neither will seek alimony, for instance). Division of property per the agreement will override Georgia’s default equitable distribution rules.
Simple process
Follow the execution formalities: Georgia requires a notary and one additional witness to sign. Typically, a lawyer or paralegal can serve as the second witness if signing in a law office. If the prenup might be recorded (for instance, if dealing with real estate titles), it must meet deed standards – two witnesses, one being a notary.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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