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The Georgia prenuptial agreement is a legal document that is used to define the financial relationship between the spouses entering the marriage.
The prenuptial or prenup agreement can be used to define the individual property of each partner that they have accumulated before entering the marriage. In this way, in the case of a divorce, that property will not be divided between the partners.
However, the spouses don’t only use the prenuptial agreement after marriage. They can use the document to define how the property acquired during the marriage will be managed and define the rights and obligations of each spouse towards such property.
Laws and Legal Requirements for a Prenuptial Agreement in Georgia
Sections 19-3-60 to 19-3-66 of the Code of Georgia provide the rules and regulations for the Georgia prenuptial agreement form.
Section 19-3-60 refers to the prenuptial agreement as the “antenuptial agreement.” This effectively 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.”
Signing Requirements for a Prenuptial Agreement in Georgia
Section 19-3-62 provides that the prenuptial agreement must be made in writing. Further, it requires both parties to sign the document in front of two witnesses, one of whom can be the notary public.
Witnesses will confirm the identity of the parties signing the agreement by putting their signatures on the document. Furthermore, the notary’s acknowledgment will additionally confirm the authenticity of the document and prevent any disputes and fraudulent activities in that regard.
Prenuptial Agreement Enforcement in Georgia
According to Georgia state law, the court might refuse to enforce the prenuptial agreement if one of the parties proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement under coercion or force
The other partner did not fully disclose their financial status
The prenup agreement is unfair to one of the spouses
The prenup agreement is unconscionable
Therefore, it is important that both parties carefully consider all the provisions of the agreement and, if needed, consult their lawyer to ensure that both parties have fully understood the consequences of signing the agreement.
What Can a Prenuptial Agreement in Georgia Cover?
The prenuptial agreement template can include different kinds of provisions depending on the needs of future spouses.
Below, you can see the most commonly used provisions:
Provisions in a Prenuptial Agreement
Rights and responsibilities of each spouse for marital property
Matters connected to the liabilities of each spouse or liabilities acquired during the marriage
Right to sell, lease, mortgage, or manage the marital property
Matters related to the retirement or pension accounts
Status of inherited property during the marriage
Division of the property accumulated during the marriage in the event of the marriage dissolution
Matters related to the alimony
Contrarily, since the court has jurisdiction over matters relating to child support and custody, the prenup cannot contain provisions that are against public policy or that regulate these matters.
Prenuptial Agreement in Georgia: Validity Criteria
The basic violations that can undermine the validity of the prenuptial agreement are connected with the formality of the agreement. This means that both parties must sign the prenuptial agreement before witnesses and a notary so the document can be considered valid.
Secondly, the prenup agreement must be in line with state law and not violate public policy. Therefore, it is important to have a professionally designed prenuptial agreement template since the invalidity of such an agreement can have serious legal and financial consequences.