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.
Why Georgia Prenup Law Is Different From Most States
Georgia has not adopted the Uniform Premarital Agreement Act. Instead, prenuptial agreements are governed primarily by case law rather than a single comprehensive statute.
This means Georgia courts place greater emphasis on judicial fairness standards and contract principles, rather than relying on a uniform statutory checklist. As a result, how an agreement is structured and executed can matter as much as what it says.
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.)
Georgia’s Fairness-at-Signing Standard
Under Georgia law, courts evaluate whether a prenuptial agreement was fair at the time it was signed, not based on hindsight alone. Even if an agreement later feels imbalanced, it may still be enforced if it was reasonable when executed and both parties understood the terms.
Clear disclosure, balanced negotiation, and adequate review time are especially important in Georgia because courts closely examine the circumstances surrounding signing.
What you can—and can’t—include: Georgia’s Approach to Equitable Distribution Overrides
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.
Georgia follows an equitable distribution system by default, but courts will honor prenup terms that define a different property division scheme. Clear language is especially important when one spouse is bringing significant premarital assets or a family business into the marriage.
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.
While Georgia does not require each party to have separate attorneys, independent legal review can help demonstrate voluntariness and informed consent, which courts weigh heavily when applying the Scherer test.
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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