Georgia Marital Settlement Agreement: What Gwinnett County Residents Need to Know About Notarization Under O.C.G.A. Title 19, Chapter 5

If you are going through a divorce in Gwinnett County, one of the most important documents you will sign is the Georgia Marital Settlement Agreement (also called a Divorce Settlement Agreement or Separation Agreement). This legally binding document outlines how you and your spouse will divide your assets, debts, and — if you have children — handle custody, visitation, and child support.

What Is a Georgia Marital Settlement Agreement?

A Georgia Marital Settlement Agreement is a written contract between divorcing spouses that settles all issues arising from the dissolution of the marriage. It typically covers:

• Property Division — How real estate, vehicles, bank accounts, retirement funds, and other assets are divided
• Debt Allocation — Who is responsible for mortgages, credit cards, loans, and other debts
• Alimony (Spousal Support) — Whether one spouse will pay support to the other
• Child Custody and Visitation — Parenting time and legal decision-making authority
• Child Support — Financial support calculated under Georgia's child support guidelines

Why Does Georgia Law Require Notarization?

Under O.C.G.A. Title 19, Chapter 5 (Georgia's divorce code), a marital settlement agreement must be signed by both parties in the presence of a notary public. The notarization serves several critical purposes:

• Voluntary Consent — The notary confirms that both spouses are signing freely and willingly, without coercion or duress
• Identity Verification — The notary verifies the identity of both parties, preventing fraud or impersonation
• Evidentiary Weight — When the agreement is presented to the Superior Court, the notarized signatures help the court accept and incorporate the terms into the final divorce decree
• Legal Finality — A properly notarized agreement is far harder to challenge later based on claims of forgery or lack of consent

In many Georgia counties (including Gwinnett), the court will not accept an unsigned or unnotarized settlement agreement. Both parties must appear before a notary — though they do not need to be in the same room at the same time; each spouse can sign separately before a notary.

The Role of the Settlement Agreement in an Uncontested Divorce

For couples filing an uncontested divorce in Gwinnett County Superior Court, the marital settlement agreement is the centerpiece of the case. Once both parties sign it before a notary, it is filed alongside the Complaint for Divorce and other required forms. The court reviews the agreement to ensure it is fair and equitable, then incorporates it by reference into the Final Judgment and Decree of Divorce under O.C.G.A. § 19-5-12. This means all terms become court-ordered, giving either party the ability to enforce them legally.

Sample Forms and Resources

If you are filing for divorce in Gwinnett County, you can obtain sample settlement agreement forms from the Georgia Courts Self-Help Center or from the Gwinnett County Superior Court Clerk's office. Many Georgia superior courts provide fillable Settlement Agreement without Children (PDF) forms as a starting point.

Important Reminders

• Both spouses must sign the agreement in front of a notary public
• The notarization is separate for each spouse — each can visit a notary independently
• Consider having an attorney review your settlement agreement before signing
• Bring valid photo identification (driver's license or passport) when visiting a notary
• Settlement agreements involving minor children must also address parenting time and child support

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.