§ 19-3-66.Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements
Chapter 3. Marriage Generally · Article 3. Antenuptial Agreements, Marriage Contracts, and Postnuptial Settlements · Last amended 2021 · Last verified October 9, 2026
Full Text of § 19-3-66
Plain-English Summary
This section closes Article 3 by answering a practical question: who can go to court to enforce a marriage agreement? It treats two groups of agreements differently.
Subsection (a) covers marriage contracts and postnuptial settlements. They shall be enforced at the instance of all persons in whose favor there are limitations of the estate. In plain terms, anyone the contract or settlement gives an interest in the property can ask a court to enforce it. The word “shall” is mandatory, though a court still decides whether the agreement is valid and what it requires. Postnuptial settlements are those made after the wedding; the text of Article 3 doesn’t set separate signing formalities for them.
Subsection (b) covers antenuptial agreements, and it says they may be enforced by a court of equity — a discretionary “may,” not “shall.” Two groups can ask. The first is the parties to the marriage. The second is the offspring of the marriage and their heirs, at any time after the death of a spouse, subject to Code Sections 15-9-30, 23-1-4 and 53-7-40. When the offspring and their heirs bring the case, the court may also enforce the agreement in favor of other persons.
So a prenup isn’t only a divorce document. It can matter after a death, when the couple’s offspring or their heirs seek to enforce it. The formal requirements for a valid prenup are in § 19-3-62, the definition is in § 19-3-60, and § 19-3-65 gives the superior court power over trustees of a trust estate. The section was last amended in 2020, effective January 1, 2021.
Frequently Asked Questions
Who can enforce a prenup in Georgia?
Under subsection (b), a court of equity may enforce an antenuptial agreement at the instance of the parties to the marriage, or of the offspring of the marriage and their heirs at any time after the death of a spouse. When the offspring and their heirs bring the case, the court may also enforce the agreement in favor of other persons.
Can my children enforce my prenup after I die?
The offspring of the marriage and their heirs may ask a court of equity to enforce an antenuptial agreement at any time after the death of a spouse. That right is subject to Code Sections 15-9-30, 23-1-4 and 53-7-40, which the statute lists. The word is “may,” so enforcement is up to the court. The statute speaks of offspring of the marriage, so by its terms it doesn’t reach a spouse’s children from another relationship.
Are postnuptial agreements enforceable in Georgia?
This section provides for their enforcement: marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. That answers who may seek enforcement. Whether a particular postnuptial agreement is valid and enforceable depends on its terms and circumstances, which the court decides; Article 3’s text doesn’t list separate formalities for postnuptial settlements.
Can someone other than my spouse enforce our marriage settlement?
Yes, under subsection (a). Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate, meaning anyone the agreement gives an interest in the property. For a prenup, subsection (b) names the spouses and, after a spouse’s death, the couple’s offspring and their heirs as the ones who may ask.
What is a court of equity?
It’s a court exercising equitable powers — remedies such as ordering a party to carry out an agreement, rather than only awarding money. Subsection (b) says antenuptial agreements may be enforced by a court of equity. Article 3 uses equitable powers elsewhere too: § 19-3-65 lets the superior court exercise them over trustees of a trust estate.
Amendment History
Laws 2018, Act 305, § 1-1, eff. July 1, 2018; Laws 2020, Act 508, § 2-24, eff. Jan. 1, 2021.
Formerly Code 1863, § 1730; Code 1868, § 1771; Code 1873, § 1781; Code 1882, § 1781; Civil Code 1895, § 2486; Civil Code 1910, § 3005; Code 1933, § 53-406.