Are you getting married in 2026? Are you considering a prenuptial agreement? It could be the right option for you and your spouse. Although they are not usually viewed as the most “romantic” thing in the world, prenups can offer a wide range of different benefits. Marital agreements, including prenups, are enforceable in Georgia. However, the courts will only fully enforce your agreement if it is properly drafted and includes lawful terms. At Burns Smith Law, P.C., our Georgia family lawyer can help with your prenup. 

What is a Prenuptial Agreement?

A prenup is a type of marital agreement. In other words, it is a contract that spouses can opt to sign before a marriage that will impact their rights and responsibilities at the end of the marriage (divorce or death). In Georgia, a prenuptial agreement can be used to address issues such as property ownership, the allocation of debt, spousal support (alimony), and inheritance rights.

Common Situations When They Make Sense

Not every couple needs a prenuptial agreement. At the same time, prenups can be very valuable for many people in Georgia. Whether a prenuptial agreement is right for your specific situation will always depend on your specific circumstances. If you and/or your spouse are considering one, it is a great option to sit down and discuss it with an experienced family law attorney. Here are some common situations in which a prenuptial agreement makes sense in Georgia:

• One or Both Spouses Own Significant Assets Before Marriage: A prenuptial agreement often makes sense when one or both spouses enter the marriage with substantial assets. In Georgia, property owned before marriage is generally considered separate property. With that being said, serious disputes often arise over appreciation, commingling, or use during the marriage. A prenup can clearly define what remains separate. 
• One or Both Spouses Own a Business or Professional Practice: Business ownership is one of the most common reasons couples pursue a prenuptial agreement in Georgia. Without a prenup, a spouse may claim an interest in a business’s increased value during the marriage. It can create serious complications during divorce, including valuation disputes and forced buyouts. A prenuptial agreement can protect the business while ensuring both of the spouses are treated fairly. 
• Either Spouse Has Children from a Prior Relationship: Prenuptial agreements are especially valuable in blended family situations. In Georgia, divorce or death can create conflicts between a surviving spouse and children from a prior relationship. A prenup can work alongside an estate plan to ensure children’s inheritance rights are protected. 
• There is a Significant Difference in Income or Earning Potential: Finally, when spouses have unequal incomes or very different earning trajectories, a prenuptial agreement can provide balance and predictability. Georgia courts have discretion in awarding alimony, which can create uncertainty without prior planning. A prenup allows the couple to define spousal support terms in advance. 

Note: You cannot use a prenup for child custody, child visitation, or child support in Georgia. 

Know the Law on Prenups in Georgia

Prenuptial agreements are regulated by state law. Getting married in 2026 in Georgia and considering signing a prenup? The key statute is Georgia Code § 19-3-66. Beyond that, Georgia courts use some doctrines from common law when evaluating the validity of a marital agreement. For your prenup to be enforceable by a court in Georgia, it must meet all of the following: 

• A Prenup Must Be Voluntary: Under Georgia law, a prenuptial agreement must be entered into voluntarily by both parties. Each spouse must have a genuine opportunity to review and consider the agreement before signing. If the agreement is not truly “voluntary,” then it is not enforceable as a matter of Georgia law. 
• A Prenup Requires Full Disclosure: Georgia law requires full and fair disclosure of each party’s financial situation before a prenuptial agreement is signed. Along with other things, this includes disclosure of assets, debts, income, and financial obligations.
• A Prenup Must Be Fair: Georgia has a general “fairness” requirement for prenups. An agreement that leaves one spouse without reasonable means of support may be invalidated. Of course, what constitutes fairness is highly case-specific. 
• A Prenup Must Be Formal (Written Agreement): Georgia law requires prenuptial agreements to be in writing. Oral agreements made before marriage are not enforceable. The written agreement must clearly set forth the terms governing property, support, and other marital rights. A prenup should always be drafted by a family law attorney. 
• A Prenup Cannot Be Signed Under Duress: A prenuptial agreement signed under duress is not enforceable in Georgia. Duress may include threats, undue pressure, or last-minute demands tied to the wedding itself. If a court deems that a prenup is signed under duress, it can be thrown out. 

How Our Georgia Prenuptial Agreement Attorney Can Help

A prenuptial agreement may make sense for your marriage. If you and your spouse are opting for a prenup, it is imperative that you carefully comply with Georgia law. A court will enforce this type of marital agreement (or a postnup) assuming that the law is followed. At Burns Smith Law, P.C., we are a boutique law firm that provides a full range of family law services. Whether you need help with the negotiation, drafting, or review of a prenup, our team is here to help. Your initial consultation with a top Georgia prenuptial agreement attorney is fully confidential and carries no obligations. 

Call Our Georgia Prenuptial Agreement Lawyer for Immediate Help

At Burns Smith Law, P.C., our Georgia family law attorney has the knowledge and experience to handle prenups. If you have any questions about the drafting, review, negotiation, enforceability, or litigation of prenups, we are more than ready to help. Contact us right away for a completely confidential, no obligation initial appointment. With legal offices in Canton, Cumming, and St. Simons Island, we handle prenups throughout Georgia.