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Prenuptial Agreement Laws in Georgia

Georgia has not adopted a uniform premarital agreement act; its statute requires an antenuptial agreement to be in writing, signed by both parties and attested by at least two witnesses, one of them a notary public.

Last checked . General information, not legal advice.

Georgia at a glance

Uniform act
No uniform act: O.C.G.A. 19-3-62
O.C.G.A. 19-3-62 sets formalities: writing, both signatures, two witnesses including a notary public.

Sources

Last checked

The rules in Georgia

Has Georgia adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in Georgia: No uniform act: O.C.G.A. 19-3-62. O.C.G.A. 19-3-62 sets formalities: writing, both signatures, two witnesses including a notary public.

Where do the Georgia prenuptial agreement laws come from?

The rules above come from O.C.G.A. 19-3-62. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.