GA · PRENUP · Updated July 2026 · Free
Georgia Prenuptial Agreement
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Georgia at a glance: Three-Prong Test: Governed by Scherer v. Scherer test · Notary and 2 Witnesses: Must be witnessed and notarized (O.C.G.A. § 19-3-62) · Governing Law: O.C.G.A. Title 19
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Overview
Prenuptial Agreements in Georgia
Georgia does not use the UPAA. Prenuptial agreements are governed by common law principles established in Scherer v. Scherer (O.C.G.A. § 19-3-60).
Key Facts
Georgia Prenuptial Agreement — Quick Reference
| Requirement | Georgia Rule |
|---|---|
| Three-Prong Test | Governed by Scherer v. Scherer test |
| Notary and 2 Witnesses | Must be witnessed and notarized (O.C.G.A. § 19-3-62) |
| Governing Law | O.C.G.A. Title 19 |
Legal Requirements
Georgia Legal Requirements
- Must be in writing, signed in the presence of at least two witnesses, and notarized.
Governing Laws
Georgia Governing Laws
Read the full text of these laws at Cornell Law School's Georgia legal resources or your state legislature's official website.
Questions & Answers
Georgia Prenuptial Agreement — Frequently Asked Questions
What is the Scherer test in Georgia?
It is a judicial test checking: (1) was the agreement obtained by fraud/coercion, (2) is the agreement unconscionable, and (3) have circumstances changed to make enforcement unfair.