Thinking about getting a prenup in Georgia? Join the club! Over half of people these days want one. More and more couples are using prenuptial agreements as a way to protect themselves, plan ahead, and spark honest financial conversations before tying the knot. But what do you need to know before starting the prenup journey? For starters, in Georgia, prenuptial agreements are legally recognized and enforceable—as long as they meet certain requirements. So, let’s get into everything you need to know about prenups in the Peach State.
1. Georgia is an equitable distribution state
If you don’t have a prenup in Georgia and you get divorced, your assets and debts will be divided under a legal principle called “equitable distribution.” That means the court will split everything in a way that it thinks is fair (using state precedent)—but this doesn’t necessarily mean a 50/50 split.
Judges in Georgia may consider things like:
- The length of the marriage
- Each spouse’s contributions (financial and non-financial)
- Earning capacity
- Standard of living during the marriage
- Each person’s future financial needs
Because the process is so subjective, the way your property is divided can vary widely depending on your situation and the discretion of the court. A prenup gives you the chance to take control and decide how you want your property, debts, and finances to be handled in case of divorce, rather than leaving it entirely up to a judge.
2. The legal requirements for Georgia prenups
Georgia courts will enforce a prenup as long as it checks the right boxes and follows the laws of the state. For your prenup to hold up in a Georgia court, it must satisfy the following requirements:
- It must be in writing.
- It must be signed by both parties.
- It must be witnessed by two witnesses.
- It must be notarized.
- Both parties must enter into it voluntarily. (That means no threats, coercion, or illegal pressure).
- There must be full and fair disclosure of assets. (Each party needs to be upfront about what they own and owe).
- It must be fair at the time it was signed. If one person gave up everything and got nothing in return, the court may throw it out.
In addition, while Georgia does not technically require both parties to have their own attorney, it does require each party to have the opportunity to hire an attorney. (Blige v. Blige (2008). Plus, having independent legal counsel can strengthen the enforceability of the agreement and prevent future disputes.
3. Prenups in Georgia can be challenged—and courts look closely
Georgia courts do uphold valid prenups, but they also take any prenuptial agreement challenges seriously. A court can throw out a prenup if it finds:
- One party didn’t disclose all of their finances (income, assets, debts, etc.).
- One party signed under duress (like minutes before the wedding with no time to review or hire a lawyer).
- The agreement is unconscionable (i.e., grossly unfair) at the time of enforcement.
- One party didn’t have enough time or opportunity to understand the agreement or seek legal advice.
In other words, just because you have a signed prenup doesn’t mean it’s 100% enforceable. If one spouse challenges it during divorce, the judge will take a close look at whether it was fair, voluntary, and transparent.
4. You can amend or revoke your prenup later (if both agree)
A prenup doesn’t have to be set in stone forever. If your life circumstances change drastically—say one of you wins the lottery, receives an unexpected inheritance, loses their business, or something else—you may modify or revoke your prenup later on.
To do this in Georgia, both parties must agree in writing and follow all of the same requirements that were necessary for the original agreement. This includes financial disclosure, notarization, and two witnesses. And remember, any amendment or revocation of the agreement must be mutually agreed upon—you cannot unilaterally change or terminate the prenup.
5. Prenups strengthen your marriage, not weaken it
Did you know that getting a prenup can actually make you feel closer together with your partner than ever before? According to HelloPrenup users, 83% of couples actually felt closer to their future spouse after the prenup process. Why? Because talking about tough conversations before walking down the aisle can prevent future conflict.
For example, discussing money, joint bank accounts, debt, inheritances, business interests, or even just “what happens if…” can lead to a deeper understanding of each other’s values and expectations. It’s like financial therapy before marriage.
Imagine a couple where one person has significant credit card debt, but hasn’t told their partner yet. With a prenup, each party is generally required to share their finances with one another for the agreement to be valid. This includes debt. In addition, the prenup can protect the person who does not have that debt. And without a prenup, that debt could become a shared burden in marriage.
Final thoughts on Georgia prenuptial agreements
Georgia courts allow and regularly enforce prenuptial agreements—but only if they’re done right, according to state laws. That means notarization, witnesses, clear financial disclosure, voluntary signing, fairness, and ideally, independent legal advice (or at least the opportunity to get a lawyer). Courts will look at both the process of signing and the content of the agreement to decide whether it’s enforceable.
A prenup gives you more than just legal protection—it gives you clarity, confidence, and peace of mind as you enter a new chapter with your partner. Whether you’re getting married for the first time, blending families, or bringing significant assets or debts into the relationship, a prenup is a great way to set yourselves up for lifelong happiness and success. So go ahead and have the prenup conversation. Get clear on your finances. And build a future with your eyes wide open. Happy planning!