Georgia Prenuptial Agreement: What You Need to Know About Notarization Under O.C.G.A. § 19-3-62

A prenuptial agreement \u2014 also called an antenuptial agreement or marriage contract \u2014 is a legal document that couples sign before marriage to define how assets, debts, and spousal support will be handled in the event of divorce, separation, or death. In Georgia, these agreements carry specific formal requirements under state law, including a mandatory notarization provision that many couples don't know about until it's too late.

What Is a Georgia Prenuptial Agreement?

A prenuptial agreement allows engaged couples to decide in advance how their financial affairs will be handled during the marriage and in the event the marriage ends. Under Georgia law, these agreements can cover:

• Division of property and assets in a divorce
• Allocation of debts brought into the marriage
• Spousal support (alimony) terms
• Inheritance rights and waiver of certain probate rights
• Treatment of business interests and separate property

Child custody, child support, and parenting time, however, cannot be predetermined by a prenuptial agreement \u2014 those decisions must always be made in the best interest of the child at the time of separation.

Georgia's Notarization Requirement: O.C.G.A. \u00a7 19-3-62

Georgia law was significantly updated in 2018. Before the amendment, a prenuptial agreement only needed to be in writing and signed by both parties with two witnesses. Today, O.C.G.A. \u00a7 19-3-62 requires:

• The agreement must be in writing and signed by both parties
• It must be attested by at least two witnesses
• At least one witness must be a notary public

This means a Georgia prenuptial agreement cannot be validly executed without a notary. The notary serves as one of the two required witnesses and also notarizes the signatures of both parties. This dual role ensures the authenticity of the signatures and helps prevent later claims of fraud or duress.

Why Does Georgia Require Notarization?

The notarization requirement serves several important purposes:

• Prevents fraud: The notary verifies the identity of both parties and confirms they are signing voluntarily
• Creates a public record: The agreement must also be filed with the Superior Court Clerk in the county where either party resides within three months of signing
• Establishes competency: The notary attests that both parties appeared to understand what they were signing
• Strengthens enforceability: Courts are far more likely to enforce a prenuptial agreement that strictly follows the statutory formalities

If a prenuptial agreement is not properly notarized, a Georgia court may declare it void or unenforceable, leaving assets and support decisions to be determined by the state's default divorce laws.

Where to Find the Official Statute

The full text of Georgia's prenuptial agreement law can be found at O.C.G.A. \u00a7 19-3-62 on Justia. Because prenuptial agreements involve significant legal and financial consequences, consultation with a qualified family law attorney is strongly recommended before signing.

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