Prenuptial and Postnuptial Agreements

A prenuptial agreement, which Georgia law calls an antenuptial agreement, lets a couple decide before marriage how property, debts and support will be handled if the marriage ends. A postnuptial agreement does the same thing after the wedding. These agreements can protect a business, family property, retirement savings or children from a prior relationship. But Georgia courts will not enforce an agreement that was signed under pressure, without full financial disclosure, or that has become unfair. Our office prepares and reviews prenuptial and postnuptial agreements for couples in Atlanta, Norcross and across metro Atlanta.

Formal requirements in Georgia

Under Georgia law, a prenuptial agreement or other marriage contract must be:

• In writing
• Signed by both parties
• Attested by at least two witnesses, one of whom is a notary public

An agreement that is missing the second witness or the notary can fail entirely. These are simple steps, but they are often missed when couples sign at the last minute.

The test Georgia courts use

Even a properly signed agreement can be challenged. Under a long-standing test from the Georgia Supreme Court, a court asks three questions:

1. Was the agreement obtained through fraud, duress, mistake, misrepresentation, or nondisclosure of material facts? Each spouse needs a fair picture of the other’s income, assets and debts.
2. Is the agreement unconscionable? Terms that are grossly one-sided may not be enforced.
3. Have the facts and circumstances changed since signing so much that enforcement would be unfair and unreasonable? Examples include the birth of children or a serious illness.

Georgia courts apply the same test to postnuptial agreements. The party asking to enforce the agreement generally bears the burden of showing that it meets these requirements.

What a prenuptial or postnuptial agreement can cover

• Which property stays separate, including property owned before marriage, gifts and inheritances
• How increases in value of separate property, such as a business or a home, will be treated
• How marital property and debts will be divided if the marriage ends
• Whether alimony will be paid, waived or limited
• Responsibility for debts each spouse brings into the marriage
• What happens to the marital home
• Estate planning coordination, such as rights at death and life insurance

What it cannot do

• Child support cannot be waived or limited by agreement. Children have a right to support under the state guidelines.
• Custody and parenting time are decided based on the child’s best interests at the time of the divorce, not by a prenuptial agreement.
• Illegal or fraudulent terms, or terms that encourage divorce, are not enforceable.

Best practices for an agreement that holds up

• Start early. Sign well before the wedding, not days before. An agreement presented at the last minute invites a duress claim.
• Exchange full financial disclosure. Attach schedules of assets, debts and income, and keep copies.
• Each partner should have their own lawyer. One lawyer cannot represent both, and independent advice strengthens enforceability.
• Use plain language. Ambiguous terms lead to disputes.
• Follow the signing formalities. Two witnesses, one of them a notary.
• Plan for change. Address children, long marriages and major changes in income, and consider review provisions.

Postnuptial agreements

Couples sign postnuptial agreements for many reasons: one spouse is starting a business, receiving an inheritance or taking on debt; the couple wants to clarify finances after a difficult period; or they did not sign a prenuptial agreement before the wedding. Because spouses already owe each other duties of fairness, full disclosure and a fair process are especially important. Postnuptial agreements must meet the same formal requirements as other marriage contracts.

Couples with an international connection

When one partner is not a U.S. citizen or owns property abroad, the agreement should address which country’s law applies and how foreign assets are handled. A prenuptial agreement does not affect the immigration sponsorship obligation. A U.S. citizen or permanent resident who signs an affidavit of support for a spouse remains responsible under that federal contract, the Form I-864 affidavit of support, even if the prenuptial agreement waives alimony. See our green card page for more on the affidavit of support.

Challenging an agreement in a divorce

If your spouse wants to enforce an agreement you believe is unfair, or you want to enforce one your spouse is fighting, the issue is usually decided early in the divorce. Evidence includes when the agreement was presented, the financial disclosures, whether each party had a lawyer and how circumstances have changed. See our contested divorce page.

Who should consider an agreement

• Business owners and professionals with a practice
• People with significant savings, real estate or retirement accounts before marriage
• Anyone expecting an inheritance or family property
• Couples where one spouse will leave work to raise children and wants financial protection
• People marrying again who want to protect children from a prior relationship
• Couples where one partner carries significant debt

What to bring to the first meeting

• A list of assets and debts, with recent statements
• The last two or three years of tax returns
• Information about any business, including ownership documents
• Any existing will, trust or beneficiary designations
• Your wedding date, so the timeline allows time for review

Hypothetical: A dentist in Alpharetta owns her practice and plans to marry. Three months before the wedding, her lawyer prepares a prenuptial agreement that keeps the practice and its growth as her separate property and provides a set alimony amount based on the length of the marriage. Her fiancé reviews it with his own lawyer. Both exchange tax returns and asset lists, which are attached as exhibits. They sign with two witnesses, one a notary.

You can also read our divorce and family law overview.

This page reflects Georgia law as of November 2026. Laws and court rules change, so confirm current requirements before you sign.

How our office can help

If you are looking for a prenuptial agreement lawyer in Atlanta or Norcross, our office can draft or review a prenuptial or postnuptial agreement, organize financial disclosure, handle proper signing, and advise you on enforcing or challenging an agreement in a divorce.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.