The answer depends on when the agreement was signed.
Agreements Signed Since July 1, 2018
The General Assembly rewrote this part of the code effective July 1, 2018, and added a definition. Under OCGA 19-3-60(a), an “antenuptial agreement” means “a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year’s support, spousal support, and equitable division of property.”
That definition reaches agreements dealing with alimony. And OCGA 19-3-62 provides that “[a]n antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.”
So for a prenuptial agreement signed today, the formalities apply whatever the document happens to cover.
Before That, What the Agreement Covered Decided It
Under the older statute the question was different. In Dove v. Dove, 285 Ga. 647 (2009), the Georgia Supreme Court held “that the trial court erred in ruling that OCGA 19-3-63 applies to prenuptial agreements settling alimony,” reasoning that such agreements are made in contemplation of divorce rather than in contemplation of marriage.
Three months later the Court came out the other way in Sullivan v. Sullivan, 286 Ga. 53 (2009), on an agreement that “does not mention either divorce or alimony” and was expressly “entered into in consideration of marriage.” That agreement “necessarily constitutes a ‘marriage contract in writing, made in contemplation of marriage,’ which ‘must be attested by at least two witnesses.’” Only one person had witnessed it, so it was unenforceable.
Where That Leaves You
Both decisions construed the pre-2018 text, and Georgia’s appellate courts have not yet applied the amended statute to a prenuptial agreement. The safe course has not changed: two witnesses, one of them a notary.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!