A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or creditors without notice.
History. Orig. Code 1863, § 1725; Code 1868, § 1766; Code 1873, § 1776; Code 1882, § 1776; Civil Code 1895, § 2481; Civil Code 1910, § 3000; Code 1933, § 53-404; Ga. L. 2018, p. 155, § 1-1/HB 190.
The 2018 amendment, effective July 1, 2018, in this Code section, substituted “person may voluntarily execute an antenuptial agreement,” for “spouse may voluntarily execute an agreement described in Code Section 19-3-62”, twice inserted “or she”, and inserted “or her”.
History of Section.
The language of this Code section is derived in part from the decisions in Blake v. Irwin, 3 Ga. 345 (1847) and Lafitte v. Lawton, 25 Ga. 305 (1858).
Structure Georgia Code
Chapter 3 - Marriage Generally
Article 3 - Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements
§ 19-3-60. Definition; Marriage as Valuable Consideration
§ 19-3-61. Effect of Minority of Party
§ 19-3-62. Requirements and Construction of Antenuptial Agreements
§ 19-3-63. Construction of Marriage Contract; Attestation
§ 19-3-64. Voluntary Execution of Antenuptial Agreement; Conveyance of Property During Marriage
§ 19-3-66. Enforcement of Marriage Contracts, Postnuptial Settlements, and Antenuptial Agreements