STATE GUIDE · UPDATED 2026

Prenuptial Agreements in Georgia: Requirements & How to Get One

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Is a prenup enforceable in Georgia? The short answer

Yes — prenuptial agreements are legally enforceable in Georgia under Georgia law (Ga. Code § 19-3-62). To be valid, the agreement must be in writing, signed voluntarily by both partners, and made with fair financial disclosure. It must be notarized, and both partners should have a real opportunity to review it well before the wedding.

Georgia at a glance

Legal framework
Case-law (common law) framework
Property system
Equitable distribution

Courts divide marital property fairly (not necessarily equally) unless your agreement says otherwise.

Notarization
Required
Witnesses
Required (2)
Financial disclosure
Standard — fair and reasonable disclosure
Independent lawyers
Recommended
Spousal support terms
Can be set in your agreement

Georgia prenup questions, answered

Are prenuptial agreements enforceable in Georgia?

Yes. Georgia enforces prenuptial agreements under long-standing court decisions (case law). The governing law is Ga. Code § 19-3-62. The agreement must be in writing and signed by both partners, entered into voluntarily, and made with fair financial disclosure.

Does a prenup need to be notarized in Georgia?

Yes. Georgia requires prenuptial agreements to be notarized. Both partners sign in front of a notary, who verifies identity and applies their seal.

Do you need witnesses to sign a prenup in Georgia?

Yes — Georgia requires 2 witnesses at signing, in addition to both partners and a notary.

Do we each need a lawyer to get a prenup in Georgia?

No — Georgia does not require either partner to hire a lawyer for a valid prenup. Independent review is still recommended, and every OurPrenup agreement documents that both partners had the opportunity to seek counsel.

Is Georgia a community property state?

No. Georgia is an equitable distribution state — without an agreement, courts divide marital property "fairly," which is not necessarily equally. A prenup replaces that uncertainty with rules you both chose.

Can a prenup waive or limit spousal support (alimony) in Georgia?

Yes — Georgia allows couples to set, limit, or waive spousal support in a prenup, subject to fairness review and statutory safety valves that protect a spouse from being left in hardship. OurPrenup offers a full waiver, payment formulas with amounts you choose, or leaving support to state law.

What financial disclosure does Georgia require for a prenup?

Each partner must make a fair and reasonable disclosure of their assets, debts, and income before signing. Hiding assets is the fastest way to make a prenup unenforceable in Georgia. OurPrenup builds sworn financial disclosure schedules for both partners into every agreement.

When should we sign our prenup in Georgia?

Georgia has no fixed statutory deadline, but signing well before the wedding matters: agreements signed days before a wedding are the easiest to attack as pressured. Most attorneys recommend having the agreement finished at least 30 days before the wedding.

How much does a prenup cost in Georgia?

Attorney-drafted prenups in Georgia commonly run $1,500–$5,000+ per couple. OurPrenup is a flat $599 per couple for a complete Georgia-specific prenuptial agreement, financial disclosure schedules for both partners, a plain-language summary, and step-by-step Georgia signing instructions — with optional online e-sign and notarization for $50.

How to sign your prenuptial agreement in Georgia

  1. 1

    Both parties review the final prenuptial agreement and all attached financial schedules.

  2. 2

    Both parties sign the prenuptial agreement.

  3. 3

    2 witnesses must be present and sign the agreement.

  4. 4

    Have the agreement notarized. Notarization is required in Georgia.

  5. 5

    Keep the original signed agreement in a safe location. Provide copies to both parties and their attorneys.

Who needs to be there

  • 2 × Signing parties
  • 2 × WitnessVERIFIED 2026-07-02: § 19-3-63 requires marriage contracts 'made in contemplation of marriage' to be attested by at least two witnesses. Georgia Supreme Court case law (Dove v. Dove, 2009) classifies agreements settling DIVORCE outcomes as 'in contemplation of divorce' and NOT subject to the attestation requirement — but agreements addressing rights during marriage or at death remain within it, and most platform agreements include such provisions. The platform therefore requires two attesting witnesses plus a notary for every Georgia agreement, which satisfies the statute under any classification.
  • 1 × Notary Public

5 people total at signing

Governing law

  • Ga. Code § 19-3-62
  • Ga. Code § 19-3-63

Good to know in Georgia

  • VERIFIED 2026-07-02: § 19-3-63 requires marriage contracts 'made in contemplation of marriage' to be attested by at least two witnesses. Georgia Supreme Court case law (Dove v. Dove, 2009) classifies agreements settling DIVORCE outcomes as 'in contemplation of divorce' and NOT subject to the attestation requirement — but agreements addressing rights during marriage or at death remain within it, and most platform agreements include such provisions. The platform therefore requires two attesting witnesses plus a notary for every Georgia agreement, which satisfies the statute under any classification.

This guide is general information about Georgia law, not legal advice. For advice on your specific situation, consult a licensed attorney in Georgia. See our full legal disclaimer.

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