Prenuptial agreements in Georgia
Georgia requires two witnesses (one a notary public) at signing and filing with the superior court within 3 months of marriage. Neptune's process is designed around these requirements from the start.
$5,000 flat fee per couple. Two independent attorneys included.
Georgia's prenup requirements
OCGA Sections 19-3-60 through 19-3-68 govern prenuptial agreements in Georgia. These are the key requirements your attorneys will address.
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Written and signed by both parties
Under OCGA §§ 19-3-60 through 19-3-68, a prenuptial agreement in Georgia must be in writing and signed by both parties. Oral agreements regarding marital property are generally not enforceable.
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Two witnesses, one must be a notary public
Georgia requires two witnesses to the signing, and one of those witnesses must be a notary public. This dual-witness requirement is uncommon among states and failure to satisfy it may render the agreement unenforceable.
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Filed with the superior court clerk within 3 months
Georgia law requires the agreement to be filed with the clerk of the superior court in the county where either party resides, within 3 months of the date of marriage. Missing this filing deadline may jeopardize enforceability.
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Full financial disclosure
Georgia courts expect both parties to provide fair and reasonable disclosure of their financial circumstances. Concealment of assets or income could be grounds for a court to set aside the agreement.
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Voluntary consent without duress
Both parties must enter into the agreement voluntarily. Evidence of fraud, duress, or undue pressure at the time of signing may allow a court to invalidate the agreement under the Scherer framework.
The Scherer enforceability test
Georgia has not adopted the Uniform Premarital Agreement Act. Instead, courts apply the three-factor test from Scherer v. Scherer (1982) when a party challenges a prenuptial agreement. The party seeking to enforce the agreement bears the burden of proof.
Three factors Georgia courts may consider
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Was there fraud, duress, or nondisclosure?
Courts examine whether the agreement was obtained through misrepresentation, coercion, or concealment of material financial information. Full and fair disclosure by both parties supports enforceability.
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Was the agreement unconscionable at the time of signing?
Georgia courts may evaluate whether the terms were so one-sided at the time of execution that no reasonable person would have agreed to them. This is assessed as of the signing date, not the date enforcement is sought.
- 3
Have circumstances changed so substantially that enforcement would be unfair?
Even if an agreement was fair when signed, a court may consider whether dramatic, unforeseeable changes make enforcement inequitable. However, asMallen v. Mallen (2005) illustrates, foreseeable growth in wealth alone may not be sufficient to avoid enforcement.
Your attorney can explain how Georgia courts have applied these factors and what steps may strengthen your agreement's enforceability.
Notable Georgia prenup cases
These cases illustrate how Georgia courts have applied the Scherer framework and the state's procedural requirements in practice.
Mallen v. Mallen (2005)
Georgia Supreme Court
At the time of marriage, one party had approximately $10,000 in assets while the other had roughly $8.5 million. The prenup was challenged on grounds that the wealth disparity had grown so dramatically that enforcement would be unconscionable.
The Georgia Supreme Court upheld the agreement, reasoning that the growth in wealth was "foreseeable" at the time of signing. The court found that foreseeability of the wealthier party's continued financial success did not constitute the type of changed circumstances that would render enforcement unfair under Scherer's third factor.
Takeaway: Foreseeable wealth accumulation alone may not be grounds to set aside a Georgia prenup.
Sullivan v. Sullivan (2009)
Georgia Court of Appeals
The prenuptial agreement in this case was signed with only one witness present, rather than the two witnesses required by Georgia law. The court found the agreement unenforceable on procedural grounds.
This case underscores that Georgia's formal requirements are not mere formalities. The dual-witness requirement (with one being a notary public) is strictly enforced, and failure to comply can invalidate an otherwise substantively sound agreement.
Takeaway: Procedural compliance with Georgia's witness requirements is critical to enforceability.
What a prenup costs in Georgia
Both partners should have independent legal representation for the strongest enforceability under the Scherer framework. Here's how costs compare.
Traditional firms
$1,360–$10,000+
per couple
$680–$2,500+ per attorney
Hourly billing, variable total
Two separate retainers typically needed
Complex matters: $5,000–$10,000+ per couple
Neptune
$5,000
flat fee, both attorneys included
No hourly billing. No payment to start.
Rush pricing applies when the wedding is within 45 days.
How Neptune works in Georgia
Georgia's requirements, including dual-witness signing, notarization, and the 3-month filing deadline, are built into every step.
Guided intake and connection
Answer questions about your financial situation and goals. Neptune connects each partner with an independent Georgia-licensed attorney who can address the state's specific requirements.
Drafting, review, and disclosure
Your drafting attorney prepares the agreement with Georgia's enforceability standards in mind. The reviewing attorney represents the other partner independently. Both attorneys address financial disclosure requirements.
Signing, witnessing, and filing
Your attorneys coordinate the dual-witness and notary requirement for signing. They can also guide you on the 3-month filing deadline with your county's superior court clerk.
Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.
Georgia prenup questions
What makes Georgia prenup requirements unique?
Georgia has several requirements that distinguish it from most other states. The agreement must be witnessed by two people, one of whom must be a notary public. It must also be filed with the superior court clerk within 3 months of the marriage. Georgia has not adopted the Uniform Premarital Agreement Act, instead relying on its own statutory framework and common law principles established in cases like Scherer v. Scherer.
Do I need witnesses and a notary in Georgia?
Yes. Georgia law requires two witnesses to be present at the signing, and one of those witnesses must be a notary public. In Sullivan v. Sullivan (2009), a Georgia court found a prenup unenforceable because it had only one witness instead of the required two. Neptune's attorneys coordinate the witnessing and notarization as part of the signing process.
What happens if I don't file the prenup within 3 months?
Georgia law requires the prenuptial agreement to be filed with the clerk of the superior court within 3 months of the date of marriage. While the consequences of late filing are not always absolute, failure to meet this deadline may provide grounds for a court to question the agreement's enforceability. Your attorney can advise on timing and logistics to help ensure this requirement is met.
How does Georgia divide property without a prenup?
Georgia is an equitable distribution state, meaning courts divide marital property in a manner they consider fair, which is not necessarily equal. Georgia is also one of the few states where a jury may decide property division in a divorce. Without a prenup, the division of assets depends on factors the court or jury considers relevant, which can introduce uncertainty. A prenuptial agreement allows couples to define their own terms rather than leaving those decisions to a court.
How much does a prenup cost in Georgia?
Prenuptial agreements in Georgia typically cost $680 to $2,500 per attorney, depending on complexity and the firm. Since both parties should have independent representation, couples may pay $1,360 to $5,000 or more total for a standard agreement, and $5,000 to $10,000 or more for complex situations. Neptune offers a $5,000 flat fee that includes two independent attorneys: one for each partner.
How long does the prenup process take?
When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks. The timeline accounts for drafting, review, financial disclosure, and coordination of the dual-witness signing requirement. Complex financial situations or scheduling constraints may require additional time. Rush pricing applies when the wedding is within 45 days.
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Reviewed by
Michael Cotugno, Esq.
Managing Partner, Neptune Legal · 30+ years practicing family law