History. Orig. Code 1863, § 1730; Code 1868, § 1771; Code 1873, § 1781; Code 1882, § 1781; Civil Code 1895, § 2486; Civil Code 1910, § 3005; Code 1933, § 53-406; Ga. L. 2018, p. 155, § 1-1/HB 190; Ga. L. 2020, p. 377, § 2-24/HB 865.
The 2018 amendment, effective July 1, 2018, substituted the present provisions of this Code section for the former provisions, which read: “Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. Marriage articles, as defined in subsection (a) of Code Section 19-3-62, shall be executed only at the instance of the parties to the contract and the offspring of the marriage and their heirs; but, when executed at their instance, the court may execute also in favor of other persons and volunteers.”
The 2020 amendment, effective January 1, 2021, inserted “, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40” in paragraph (b)(2).
Law reviews.
For article, “Parentage Prenups and Midnups,” see 31 Ga. St. U.L. Rev. 343 (2015).
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