A marriage contract in Georgia has to be witnessed, and getting that wrong can make the whole agreement unenforceable.
What the Statute Requires
Under OCGA 19-3-63, a marriage contract made in contemplation of marriage “shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.”
The notary half of that is relatively new. The requirement took effect on July 1, 2018. Before then, the statute asked only that the contract “be attested by at least two witnesses,” which is the version the older cases apply.
One Witness Signing Twice Is Not Two Witnesses
Sullivan v. Sullivan, 286 Ga. 53 (2009), shows how strictly this is read. On the face of the parties’ antenuptial agreement, “a single individual witnessed it, signing it twice, once beside each party’s signature.”
The trial court declared the agreement enforceable anyway. The Georgia Supreme Court reversed, holding that “the face of the antenuptial agreement at issue in this case shows that it was not signed by two witnesses and therefore violates OCGA 19-3-63.”
The Defect Is Not Just a Recording Problem
The husband in Sullivan argued that attestation matters only for whether a document can be recorded, and that the agreement should still bind the two people who signed it, the way an unattested deed does. The Court rejected the analogy, pointing out that Georgia’s marriage contract statutes “do not in any manner imply that an unattested marriage contract is effective between the parties.”
Whether your own agreement counts as a marriage contract in the first place is a separate question, and it depends on what the agreement actually addresses.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!