§ 19-3-7.Contracts attempting to force marriage void
Chapter 3. Marriage Generally · Article 1. General Provisions · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-3-7
Plain-English Summary
This one-sentence section rests on a balanced policy. The law opposes restrictions on marriage, and it equally opposes marriages that aren’t the result of free choice. From that policy it draws one rule: all contracts or bonds made to hinder marriage, or to force it, are deemed fraudulent and void.
A “bond” here means a promise, often backed by money, to pay or forfeit something. So an agreement that pays someone to stay single, or one that penalizes a person for not marrying, falls within the rule. The law treats such deals as fraudulent and won’t enforce them.
The section works alongside two neighbors. Code Section 19-3-6 voids efforts to restrain or discourage marriage, with narrow exceptions for targeted, prudent restrictions such as a bar on marrying a particular person. Code Section 19-3-4 requires that consent to marriage be voluntary and free of fraud. An antenuptial (prenuptial) agreement is a different thing: it doesn’t force or prevent a marriage but settles property rights and related issues in contemplation of one, and Article 3 of Chapter 3, starting with Code Section 19-3-60, governs it.
Frequently Asked Questions
Is a contract to marry someone enforceable in Georgia?
Not if it’s made to force a marriage. All contracts or bonds made to hinder or to force marriage are deemed fraudulent and void. The law wants marriages to result from free choice, and Code Section 19-3-4 separately requires voluntary consent without fraud.
Can someone pay me not to get married?
A contract or bond made to hinder marriage is deemed fraudulent and void, so a court won’t enforce it. Code Section 19-3-6 does allow narrow restrictions, such as a condition against marrying a particular person, when it looks only to the interest of the person being benefited.
Does this section make prenuptial agreements void?
No. A prenuptial (antenuptial) agreement doesn’t hinder or force a marriage; Code Section 19-3-60 defines it as a contract entered into before marriage that determines property rights or contemplates a future settlement of issues like spousal support and division of property. Article 3 of Chapter 3 sets its requirements.
What does “bond” mean in this section?
A bond is a written promise to pay money or forfeit something if a condition happens or doesn’t. The section treats bonds the same as contracts: any bond made to hinder or to force marriage is deemed fraudulent and void.
Why does Georgia void contracts that force a marriage?
The section explains its own reason. The policy of the law is “opposed equally” to restrictions on marriage and to marriages that aren’t the result of free choice. A contract that forces a marriage takes away free choice, so the law treats it as fraudulent and void.
Amendment History
Formerly Code 1863, § 3113; Code 1868, § 3125; Code 1873, § 3182; Code 1882, § 3182; Civil Code 1895, § 2415; Civil Code 1910, § 2934; Code 1933, § 53-108.