Prenuptial Agreements in Georgia

If negotiating a prenuptial agreement (or "prenup") isn't on your pre-wedding checklist, it might be worth adding. Prenups aren't just for celebrities and the ultra-wealthy anymore—they are a practical tool for couples who want to set clear financial expectations before walking down the aisle. Far from being a plan for divorce, a prenup can actually help lay the foundation for a strong, stable marriage.

Prenuptial agreement laws vary from state to state. Here's an overview of what Georgia requires for a valid, enforceable prenuptial agreement.

What Is a Prenuptial Agreement?

A prenuptial agreement (formally called a "premarital agreement" or "antenuptial agreement" in Georgia) is a contract between two people who plan to marry that allows them to opt out of Georgia's "equitable distribution" rules and decide for themselves how they want to share and divide property in the event of divorce. Prenups can also cover issues like inheritance rights and alimony (more on that below).

To learn more about prenups generally, check out: Should You Get a Prenup? What It Is, How It Works, and What to Include.

Who Should Get a Prenuptial Agreement?

While not every couple wants or needs a prenuptial agreement, there are many benefits to having one. A common misconception is that prenuptial agreements are only for wealthy people, but 20% of recently engaged or married couples have one, according to a 2023 Harris Poll. Younger couples in particular—nearly 50% of Gen Z and Millennial couples—have accepted prenups as a practical tool for anyone who:

• owns premarital assets
• has a partner with significant debt
• has children from a prior marriage
• owns a business, or
• wants to decide up front whether one spouse will pay alimony.

This list is non-exclusive. If you have any questions about whether you might need a prenup, talk it over with a local family law attorney.

What Can Prenuptial Agreements Cover in Georgia?

In Georgia, the law gives couples a lot of freedom to use prenuptial agreements to make their own rules about how to handle money and property during their marriage and in the event of divorce. Most prenups cover some or all of these topics:

• Splitting up property. A couple can decide ahead of time who gets what—like houses, bank accounts, or investments—if they divorce, including things they owned before marriage and things they acquired during the marriage.
• Alimony (spousal support). Couples can agree to waive, limit, or set specific terms for alimony payments in the event of a divorce.
• Debt division. A prenup can say who is responsible for debts from before the marriage (like student loans) and who will pay for new debts incurred during the marriage.
• Rights to buy, sell, or manage property. Couples can set rules for who can buy, sell, or manage property while they are married.
• Inheritance rights. Prenups can address what happens to property upon one spouse's death. For example, a spouse might limit their right to inherit from the other spouse's estate if the other spouse has children from a prior relationship.

(Ga. Code § 19-3-62 (2025).

Can a Prenuptial Agreement Determine Child Custody and Child Support in Georgia?

A Georgia prenuptial agreement can never determine child custody or child support. A judge must determine child custody based on what is in the child's best interest at the time of the custody decision. Similarly, Georgia courts base child support on the parents' incomes and the child's reasonable needs at the time child support is ordered. Parents cannot take these decisions out of the judge's hands by including child custody or child support provisions in a prenuptial agreement.

Basic Rules to Make a Valid Prenup in Georgia

Unlike most states, Georgia hasn't adopted the Uniform Prenuptial Agreement Act (UPAA). Instead, Georgia's rules for making and enforcing prenups come from state statutes and court decisions. The agreement doesn't have any effect until the couple is legally married.

To be valid in Georgia, a prenup must be:

• in writing
• signed by both partners, and
• witnessed by at least two people, including at least one notary public.

(Ga. Code § 19-3-62 (2025).)

When a Court Might Not Enforce a Prenup in Georgia

Even if you have a properly drafted and signed prenup, a judge can refuse to enforce it if a spouse can prove:

• the agreement was obtained through fraud, duress, mistake, or through misrepresentation or nondisclosure of material facts
• the agreement is unconscionable (grossly unfair), or
• the couple's circumstances have changed since the agreement, making its enforcement unfair and unreasonable.

(Scherer v. Scherer, 249 Ga. 635 (1982).)

In this context, fraud occurs when a spouse lies about facts that are important to the agreement or marriage. Fraud must be significant to invalidate a prenuptial agreement. For example, if a spouse intentionally concealed substantial assets, that might be fraudulent enough to void the agreement.

Similarly, duress can invalidate an agreement, but only when a spouse forces the other to sign the agreement by physical threat or serious psychological threat.

It is very rare for a court to invalidate a prenuptial agreement because it is unconscionable. In Mallen v. Mallen, the Court defined an unconscionable contract as one that "no sane man not acting under a delusion would make and that no honest man would take advantage of." It ruled that a disparity in financial assets or a "one-sided" deal does not meet this high standard. (622 Ga. 812 (2005).)

Similarly, a court will only invalidate a prenuptial agreement based on a material change in circumstances when the change is extreme. For example, if a spouse suffers a debilitating physical or mental injury and can no longer earn income, a court might decide not to enforce the agreement. However, a prenuptial agreement likely won't be thrown out just because a spouse's financial situation changed dramatically during the marriage.

Getting Legal Help

Prenuptial agreements are a practical way for couples to set clear financial expectations and prevent conflict if the marriage ends. If you are considering a prenup or have been asked to sign one, consulting a lawyer is a smart step. While you are not legally required to have an attorney for the agreement to be valid, a lawyer can explain your rights, answer your questions, and ensure the contract accurately reflects your wishes.

To learn more, check out: Georgia Divorce and Family Law