§ 19-3-61.Effect of minority of party
Chapter 3. Marriage Generally · Article 3. Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-3-61
Plain-English Summary
Ordinarily, a party’s youth can be a reason to challenge a contract. This section makes an exception for prenups and marriage contracts. The minority of either party to an antenuptial agreement or to a marriage contract shall not invalidate it, so long as the party is of lawful age to contract marriage.
The test ties the contract to the marriage. Who is of lawful age to marry is set by § 19-3-2: a person must generally be at least 18, and a 17-year-old may marry only with documentary proof of emancipation, after at least 15 days have passed since the emancipation, with an age gap of no more than four years, and with a certificate of completed premarital education. No marriage license may issue for anyone under 17. A party who is old enough to marry under those rules can sign an agreement that won’t fail for minority.
The section speaks only to age. It doesn’t say the agreement is valid in every other respect. A minor’s prenup still must meet the formal requirements of § 19-3-62 — in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of them a notary public — and a marriage contract made in contemplation of marriage must meet the same requirements under § 19-3-63. The section’s current text was enacted in 2018, carrying forward a rule that traces back to the Code of 1863.
Frequently Asked Questions
Can a 17-year-old sign a prenup in Georgia?
Yes, if the 17-year-old is of lawful age to marry. This section says a party’s minority shall not invalidate an antenuptial agreement or marriage contract so long as the party is of lawful age to contract marriage. Under § 19-3-2, a 17-year-old can marry only with documentary proof of emancipation and after meeting that section’s other conditions.
Is a prenup signed by someone under 17 valid in Georgia?
This section doesn’t protect it. The minority rule applies only so long as the party is of lawful age to contract marriage, and § 19-3-2 bars any marriage license for a person under 17. The section doesn’t itself say what happens to an agreement signed by someone too young to marry; that question would be for a court to decide.
Can a spouse void a prenup later by saying they were a minor when they signed it?
Not if that spouse was of lawful age to contract marriage. The section says minority shall not invalidate the agreement in that situation. Other challenges — for example, to whether the agreement was properly signed and witnessed under § 19-3-62 — are separate questions this section doesn’t address.
Does this rule apply to marriage contracts as well as prenups?
Yes. The section names both antenuptial agreements and marriage contracts. The same test applies to each: minority doesn’t invalidate the contract so long as the party is of lawful age to contract marriage. Section 19-3-63 sets the writing, signature and witness requirements for marriage contracts made in contemplation of marriage.
What other requirements must a minor’s prenup meet?
The same ones as anyone’s. This section only removes minority as a ground for invalidity. Under § 19-3-62, an antenuptial agreement must be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom is a notary public. Any other challenge to the agreement is decided under the law that otherwise applies.
Amendment History
Laws 2018, Act 305, § 1-1, eff. July 1, 2018.
Formerly Code 1863, § 1734; Code 1868, § 1775; Code 1873, § 1784; Code 1882, § 1784; Civil Code 1895, § 2489; Civil Code 1910, § 3008; Code 1933, § 53-402.