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Free Georgia Prenuptial Agreement Template

A Georgia prenup, called an antenuptial agreement in state law, records your property and support plans before marriage. Customize yours online and leave space for the required witnesses.

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  • E-sign included

How It Works

1

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2

Fill In Your Details

Answer a few simple questions to customize your form.

3

Get Your Form

Download or print your custom document in PDF or Word.

What Is a Prenuptial Agreement in Georgia?

A Georgia prenuptial agreement is a contract future spouses sign before the wedding. The Official Code of Georgia calls it an antenuptial agreement. You’ll find the rules in Title 19, Chapter 3, Article 3.

Georgia Requirements for a Prenuptial Agreement

Georgia’s main rule, § 19-3-62, took its current form in a 2018 amendment effective July 1, 2018.

In Writing and Signed

The agreement must be in writing and signed by both partners who agree to be bound.

Two Witnesses, One a Notary

At least two witnesses must attest it, and one of them must be a notary public. So plan the signing around who will be there.

Read to Honor Your Intent

Courts must construe these agreements liberally to carry out what the partners intended. A lack of formal or technical wording won’t invalidate one.

Who Can Enforce It

Under § 19-3-66(b), a court of equity may enforce the agreement at the request of either spouse. After a spouse dies, the couple’s children and their heirs may also enforce it, subject to other listed Code sections.

Does a Georgia Prenup Need to Be Notarized?

Yes, and a notary alone isn’t enough. Section 19-3-62 calls for at least two attesting witnesses, one of whom is a notary public.

Georgia courts have taken the witness rule seriously. In Sullivan v. Sullivan (2009), the Supreme Court of Georgia refused to enforce an agreement with only one witness. It applied the two-witness rule then in force.

So count your witnesses before anyone signs. The notary fills one slot, and you need at least one more witness to attest.

Tip

Confirm your second witness before you book the notary. A missing witness on the day means rescheduling. Then check the count again before anyone signs your Georgia prenuptial agreement.

How to Sign a Georgia Prenuptial Agreement

  1. Finalize the terms first. Make every change before the signing day.
  2. Arrange a notary and a second witness. Confirm both can attend.
  3. Add attestation lines. Leave space for each witness, plus the notary’s seal and details.
  4. Sign as a couple. Each partner signs, and then the witnesses attest.
  5. Store the original somewhere safe. Your children may need it one day if a question arises after a death.

What to Include in a Georgia Prenuptial Agreement

Because Georgia reads these agreements to carry out the couple’s intent, plain and specific wording pays off. A Georgia prenuptial agreement usually covers:

  • Each partner’s legal name and the planned marriage
  • Property each partner brings in and keeps separate
  • How you’ll treat property acquired during the marriage
  • Any alimony terms
  • Estate plans, including gifts to children from earlier relationships
  • A clear statement of what you both intend
  • Signature lines for both partners, two witnesses, and a notary