Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Georgia — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Georgia, but under the state's own statutes and case law rather than the Uniform Premarital Agreement Act.
Georgia never adopted the UPAA. Prenups are governed by O.C.G.A. §§ 19-3-62 through 19-3-68 — Georgia's antenuptial agreement and marriage contract statutes — plus the framework the Georgia Supreme Court created in Scherer v. Scherer, 249 Ga. 635 (1982). That case matters historically: before Scherer, Georgia courts refused to enforce prenups contemplating divorce as being against public policy. Scherer reversed course and set the three-part test Georgia courts still apply, later restated in Blige v. Blige, 283 Ga. 65 (2008). The statutes add a hard formality of their own: under O.C.G.A. § 19-3-63, a marriage contract must be attested by at least two witnesses.
A Georgia prenup is enforceable when the spouse seeking enforcement proves it passes the three-part Scherer test — no fraud or nondisclosure, no unconscionability, and no changed circumstances that would make enforcement unfair.
O.C.G.A. § 19-3-63 requires attestation by at least two witnesses, and Georgia courts have refused to enforce agreements witnessed by only one. In practice, sign before two witnesses, one of whom is a notary.
Scherer prong one: the agreement can't be the product of fraud, duress, mistake, misrepresentation, or nondisclosure of material facts. Attach honest financial schedules — hidden assets are the classic Georgia prenup killer.
Scherer prong two: the terms can't be so one-sided that no reasonable person would agree to them. Uneven is fine; shocking is not.
Scherer prong three is Georgia's unique twist: a court checks whether facts and circumstances have changed since signing — beyond what the couple could have contemplated — so much that enforcement would be unfair or unreasonable.
| Governing statute | O.C.G.A. §§ 19-3-62 to 19-3-68 + the Scherer v. Scherer three-part test (not a UPAA state) |
|---|---|
| Property division | Equitable distribution |
| Notarization | Required — attested by at least two witnesses (one is typically a notary) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Alimony can be waived, limited, or set by formula |
See how Georgia's signing formalities compare in our prenup notarization requirements by state guide.
Georgia courts enforce a prenup only after the spouse relying on it proves all three Scherer factors — and unlike most states, the burden of proof sits on the enforcing spouse, not the challenger.
That burden flip, confirmed in Blige v. Blige, is what makes Georgia different: in a UPAA state the challenger must tear the agreement down, but in Georgia the enforcing spouse must build it up. Judges also hold a discretionary third-prong review at the time of divorce — if circumstances changed beyond anything the couple contemplated, enforcement can be refused even for an agreement that was clean when signed. The practical playbook is the same everywhere but matters more in Georgia: two witnesses, full written disclosure, reasonable terms, and a signature date nowhere near the wedding.
Trusted Prenup creates a state-specific Georgia prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Georgia attorney-drafted prenup typically costs $2,000–$7,500+. Trusted Prenup creates a state-specific Georgia prenup online for a flat $599, with notarization included for Georgia couples and an optional attorney-review add-on.
Yes — O.C.G.A. § 19-3-63 requires attestation by at least two witnesses, and Georgia courts have voided agreements signed with only one. The standard practice is two witnesses with one serving as notary, which is why notarization is included for Georgia couples.
Yes — and Georgia actually makes the enforcing spouse prove the agreement is valid under the three-part Scherer test. A challenge succeeds if there was fraud, duress, or nondisclosure, if the terms are unconscionable, or if changed circumstances make enforcement unfair.
From Scherer v. Scherer (1982): (1) the agreement wasn't obtained through fraud, duress, mistake, misrepresentation, or nondisclosure; (2) it isn't unconscionable; and (3) enforcing it would still be fair despite any changes in circumstances since signing. All three must be satisfied.
Yes. Georgia allows couples to waive, cap, or set a formula for alimony in a prenup, subject to the Scherer test. A waiver that leaves one spouse destitute risks failing the unconscionability or changed-circumstances prongs.
No. Georgia is an equitable-distribution state, so without a prenup a judge divides marital property by what's fair, not an automatic 50/50 split. A prenup lets you set the division rules yourselves instead.
Yes — Georgia enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Georgia's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Georgia law and not a substitute for advice from a licensed attorney about your situation.