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GA HB190

Bill

Status

Passed

5/3/2018

Primary Sponsor

Meagan Hanson

Click for details

Origin

House of Representatives

2017-2018 Regular Session

AI Summary

  • Establishes a statutory definition of "antenuptial agreement" as a pre-marriage contract determining property rights or contemplating future resolution of issues including year's support, spousal support, and equitable division of property
  • Requires antenuptial agreements to be in writing, signed by both parties, and attested by at least two witnesses, one of whom must be a notary public
  • Repeals the outdated concept of "marriage articles" (which could be oral or written) and replaces references throughout the code with the modernized term "antenuptial agreement"
  • Eliminates requirements that marriage contracts and voluntary settlements be recorded with the clerk of the superior court within three months of execution, along with related provisions on trustee liability for failure to record
  • Removes the exception in Georgia's statute of frauds that previously allowed oral marriage articles, conforming cross-references in Title 13 (contracts) to align with the updated marriage law provisions

Legislative Description

Domestic relations; marriage articles and antenuptial agreements; change provisions

Last Action

Effective Date

7/1/2018

Full Bill Text

No bill text available