Georgia Prenuptial Agreement Form

Before getting married in Georgia, couples may discuss some vital things in their lives and seal the deal with a legal document. They can do so by signing the Georgia prenuptial agreement form (shortly called “prenup”).

The prenuptial agreement template is used to state the governing rules for future spouses regarding their:

  • Properties (mutual and individual)
  • Actions if one of the spouses passes away
  • Liabilities
  • Taxes
  • Retirement plans
  • Financial support in the future.

Other topics can also be covered in the form. Depending on the parties’ wishes, the contract’s terms can be applied during the marriage period and after a divorce. Usually, each such agreement includes supplements with both partners’ financial disclosures.

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Some couples in other parts of the world consider such agreements absurd. However, in the United States, it is an established practice, and many people think of it as a rational thing to do. They say nothing lasts forever, and one’s relationship may crack unexpectedly one day. Such agreements are a great instrument to protect people’s private and business interests.

The contract becomes especially useful if one of the two potential spouses is unbelievably rich, has enormous assets, and earns plenty of money. History knows many cases when a rich but divorced husband or wife has been forced to leave a significant part of their money to their ex-spouse by law. Prenuptial agreements help to avoid these unpleasant situations.

If your partner does not accept the idea of drawing and signing such a legal template, do not push them too hard. Before having your first conversation on the topic, you should gather these contracts’ pros and then try to prove the necessity of signing for you.

Stay calm and explain in detail why the document is crucial for you. It might take some time for your future spouse to accept your points and agree on the paper creation. Then, remember that everything you include in your template should be sensible, and the best way to draw the contract is by discussing the provisions together first.

Our form-building software will help you create your own Georgia prenuptial agreement form. You can also use it to generate the template of any legal form in the United States.

Laws regarding prenup agreements are stricter in some states than in others. We have added the relevant laws in Georgia below to ensure that your agreement is legal in the state.


Georgia Prenup Laws and Requirements

The official name of such contracts provided by the Georgia Code is “antenuptial agreements.” These documents are regulated by Title 19, Chapter 3, Article 3 of the Code. Most of the laws are included in Sections 19-3-60–19-3-66.

According to Section 19-3-60, an antenuptial agreement is created before partners marry each other, and it describes the possible settlement of various problems if the marriage officially ends.

Signing Requirements

Section 19-3-62 of the Georgia Code obliges the signatories to create their agreements in writing. It also requires at least one witness and one notary to verify the document (two witnesses in total).

If you are a minor getting married in Georgia, the agreement you make with your future husband or wife is valid, as stated in Section 19-3-61, but only if your age lets you get married by the state law. In Georgia, you can marry someone legally if you are at least 17 years old and your partner is no more than 21 years old (so you have no more than four years of age difference). These rules are described in Sections 19-3-2 and 19-3-37 of the Code.

Enforceability

A contract is enforceable if a person voluntarily signs it (Section 19-3-64).

Court Refusal

If your agreement’s content does not conform to the state or federal laws, the court may refuse to consider it valid.

What Prenups Can Cover

Traditionally, prenups address the issues tied to partners’ properties, funds, liabilities, and tangible items. Previously, we have described the topics regulated by these agreements. You cannot include conditions related to your children and their support in prenups.

Published: Feb 23, 2021