§ 19-3-63.Construction of marriage contract; attestation
Chapter 3. Marriage Generally · Article 3. Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-3-63
Plain-English Summary
Article 3 uses two terms for agreements made before a wedding: “antenuptial agreement,” defined in § 19-3-60, and “marriage contract.” This section governs marriage contracts made in contemplation of marriage, and it applies the same rules that § 19-3-62 applies to antenuptial agreements, in reverse order.
First comes construction. Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate it. A court reads the contract for what the parties meant rather than for technical legal phrasing.
Then come the formalities. Such a marriage contract 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. These are the same three requirements § 19-3-62 sets, so the same signing steps satisfy both sections. Nothing in this section requires the contract to be recorded or filed.
The section doesn’t define “marriage contract” or say what one may cover. Section 19-3-60(b) adds that marriage is a valuable consideration for property settled by a marriage contract; § 19-3-61 keeps a party’s minority from invalidating one if the party is of lawful age to marry; and § 19-3-66(a) says marriage contracts shall be enforced at the instance of all persons in whose favor there are limitations of the estate. The current text dates from 2018.
Frequently Asked Questions
What is a marriage contract in Georgia?
The statute doesn’t define the term. This section covers marriage contracts made in contemplation of marriage — that is, made before the wedding with the marriage in view. Section 19-3-60(b) treats a marriage contract as a way to settle property on a spouse. The formal rules for one match those for an antenuptial agreement under § 19-3-62.
Does a marriage contract have to be witnessed in Georgia?
Yes. A marriage contract made in contemplation of marriage shall be attested by at least two witnesses, one of whom shall be a notary public. It must also be in writing and signed by both parties who agree to be bound. These are the same requirements § 19-3-62 sets for antenuptial agreements.
Is a marriage contract different from a prenup?
Article 3 uses both terms, and the formalities are the same. Section 19-3-60 defines “antenuptial agreement” as a contract entered into before a marriage that determines property rights or contemplates a future settlement. This section covers marriage contracts made in contemplation of marriage. Both must be in writing, signed by both parties and attested by at least two witnesses, one a notary public.
Can a marriage contract be invalidated for technical wording errors?
Not for want of form or technical expression, according to this section. A written marriage contract made in contemplation of marriage shall be liberally construed to carry into effect the parties’ intention. The writing, signature and witness requirements are a separate matter; the section states them in mandatory terms.
Who can enforce a marriage contract in Georgia?
Under § 19-3-66(a), marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate — in plain terms, the people the contract gives an interest in the property. That group can include people other than the spouses.
Amendment History
Laws 2018, Act 305, § 1-1, eff. July 1, 2018.
Formerly Code 1863, § 1726; Code 1868, § 1767; Code 1873, § 1777; Code 1882, § 1777; Civil Code 1895, § 2482; Civil Code 1910, § 3001; Code 1933, § 53-407.