§ 19-3-6.Effect of restraints on marriage; when valid
Chapter 3. Marriage Generally · Article 1. General Provisions · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-3-6
Plain-English Summary
This section opens with a statement of policy: marriage is encouraged by the law. It then voids every effort to restrain or discourage marriage, whether by contract, condition, limitation, or any other means.
The rule has exceptions. Some restrictions are allowed and held valid: a prohibition against marrying a particular person or persons; a prohibition against marrying before a certain reasonable age; and other “prudential provisions” that look only to the interest of the person to be benefited and don’t amount to a general restraint of marriage. The reference to a “person to be benefited” suggests the typical setting — someone receiving a gift, inheritance, or other benefit with strings attached.
So the line runs between a targeted, protective condition and a general ban. A condition that a beneficiary not marry a named person, or not marry before a reasonable age, can stand. A condition that effectively forbids or penalizes marriage in general is void. Whether a particular age is “reasonable,” or a particular provision is prudential rather than a general restraint, is for a court to decide on the facts. Code Section 19-3-7 takes up the mirror image: contracts or bonds made to hinder or to force marriage are void.
Frequently Asked Questions
Can a will say someone loses their inheritance if they get married?
A condition that restrains or discourages marriage in general is void under this section. But prohibitions against marrying a particular person, or against marrying before a certain reasonable age, and other prudent provisions looking only to the beneficiary’s interest are allowed. Which side a given condition falls on is for a court to decide.
Is a contract not to marry enforceable in Georgia?
Generally not. Every effort to restrain or discourage marriage by contract, condition, limitation, or otherwise is invalid and void. The exceptions are narrow: restrictions on marrying a particular person, on marrying before a reasonable age, or other prudent provisions that look only to the interest of the person benefited and aren’t a general restraint.
Can a gift require that I not marry a certain person?
Yes, that kind of restriction can be valid. The section expressly allows prohibitions against marriage to a particular person or persons, as long as the provision looks to the interest of the person to be benefited and isn’t a general restraint of marriage.
What counts as a reasonable age restriction on marriage?
The section doesn’t set a number. It allows prohibitions against marrying “before a certain reasonable age,” leaving reasonableness to a court. Separately, Code Section 19-3-2 sets the legal minimum age to marry at 18, with a narrow exception for emancipated 17-year-olds.
What is Georgia’s policy on marriage?
The section says it plainly: marriage is encouraged by the law. That policy is why efforts to restrain or discourage marriage are void. Code Section 19-3-7 adds that the law opposes equally restrictions on marriage and marriages not freely chosen, so contracts to hinder or force marriage are void too.
Amendment History
Formerly Code 1863, § 1652; Code 1868, § 1696; Code 1873, § 1697; Code 1882, § 1697; Civil Code 1895, § 2410; Civil Code 1910, § 2929; Code 1933, § 53-107.