Prenuptial Agreements and Divorce Law in Georgia

A prenuptial agreement is signed by a couple before their marriage and sets forth their property rights in case of a divorce. If an agreement is valid, it is fully enforceable by a Georgia court upon divorce.

Acceptable Provisions

In Georgia, a prenuptial agreement can address property and alimony. The agreement must express what separate property each spouse holds prior to the marriage and clearly state such property is to be kept separate even during divorce. Additionally, the agreement can describe how any property acquired during the marriage will be divided during a divorce proceeding. A prenuptial agreement can never address custody and child support as such issues must be left to a judge's discretion at the time of a custody dispute.

Addendums

If circumstances change during a marriage, a prenuptial agreement can be amended. Both spouses must agree to any changes and both spouses, in the presence of witnesses, must sign the addendum.

Enforcement

A prenuptial agreement will be immediately enforceable by a Georgia court during a divorce unless one spouse claims the agreement was invalid. The court must then examine the circumstances of the prenuptial agreement to determine its validity. A valid prenuptial agreement must be: (1) in writing, (2) signed by both spouses, (3) based on each spouse's complete disclosure of all assets and (4) signed in advance of the wedding (usually at least one or two months), to eliminate any claims of duress and forced signature on the eve of a wedding. If an agreement is declared invalid and unenforceable, property and alimony will be handled in accordance with Georgia's divorce law.

References

• Divorce Net: Georgia Prenuptial Agreement FAQ
• CLP Law: Georgia Prenuptial Agreement