PRENUPTIAL AGREEMENT
(State of Georgia)
[// GUIDANCE: This template is drafted for use by licensed Georgia attorneys. Replace all bracketed items, attach the required schedules, and conduct a final jurisdiction-specific review before execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Classification of Property
3.2 Management and Use of Separate Property
3.3 Marital Residence
3.4 Allocation of Liabilities
3.5 Spousal Support Waiver / Provision
3.6 Estate Planning and Death Benefits
3.7 Gifts and Transfers Between the Parties - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Exhibits & Schedules
1. DOCUMENT HEADER
1.1 Title. This Prenuptial Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
(a) [LEGAL NAME OF PROSPECTIVE SPOUSE A], an individual residing at [ADDRESS] (“Party A”); and
(b) [LEGAL NAME OF PROSPECTIVE SPOUSE B], an individual residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).
1.2 Recitals.
WHEREAS, the Parties contemplate entering into a lawful marriage under the laws of the State of Georgia on or about [PLANNED WEDDING DATE] (the “Marriage”);
WHEREAS, the Parties desire to define their respective rights and obligations regarding property, liabilities, and support, both during the Marriage and upon a legal separation, divorce, or death;
WHEREAS, each Party has made a full, fair, and reasonable disclosure of his or her assets, liabilities, and income, as set forth in Exhibits A through C;
WHEREAS, each Party enters into this Agreement voluntarily, free of fraud, duress, or undue influence, and with sufficient opportunity to obtain independent legal counsel; and
WHEREAS, the Parties intend that this Agreement be enforceable under Georgia law and any other jurisdiction that may otherwise apply.
NOW, THEREFORE, in consideration of the forthcoming Marriage, the mutual covenants herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Defined terms may be used in the singular or plural, as the context requires.
“Ancillary Estate Documents” means wills, trusts, beneficiary designations, and other testamentary or non-probate instruments executed by a Party to carry out Article 3.6.
“Divorce” means a final decree of divorce, dissolution, or annulment entered by a court of competent jurisdiction.
“Fair Market Value” means the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell.
“Marital Property” means all property, rights, title, and interests acquired jointly by the Parties during the Marriage that is not classified as Separate Property in Section 3.1.
“Party” or “Parties” has the meaning given in Section 1.1.
“Separate Property” has the meaning given in Section 3.1(a).
“Specific Performance” has the meaning given in Section 6.3.
[Add additional defined terms as needed.]
3. OPERATIVE PROVISIONS
3.1 Classification of Property.
(a) Separate Property. “Separate Property” of each Party consists of:
(i) all property owned by that Party before the Marriage, including the assets described on such Party’s Schedules of Separate Property (Exhibits A-1 and B-1);
(ii) all property acquired during the Marriage by gift, devise, descent, or bequest specifically to that Party;
(iii) any property acquired in exchange for, or the proceeds (including appreciation, rents, and profits) of, such Party’s Separate Property; and
(iv) any damages, settlements, or awards received by such Party for personal injuries.
(b) Marital Property. All property not described in Section 3.1(a) shall be deemed “Marital Property,” regardless of title.
3.2 Management and Use of Separate Property. Each Party shall have the exclusive right to manage, control, encumber, and dispose of his or her Separate Property without the consent of the other Party, and the other Party waives all present and future rights, title, and interest therein.
3.3 Marital Residence.
(a) [OPTION 1 – SEPARATE PROPERTY] If the marital residence is acquired with the Separate Property of Party [A/B] and is titled solely in Party [A/B]’s name, the residence (and any replacement residence) shall remain the Separate Property of Party [A/B].
(b) [OPTION 2 – JOINT OWNERSHIP] If the Parties acquire a marital residence jointly, title shall be held as [JOINT TENANTS WITH RIGHT OF SURVIVORSHIP/TENANTS IN COMMON] unless otherwise agreed in a written instrument executed by both Parties.
[// GUIDANCE: Select the appropriate option or draft an alternative to reflect the Parties’ intent.]
3.4 Allocation of Liabilities.
(a) Separate Debts. Each Party’s debts incurred prior to the Marriage, as listed on Exhibits A-2 and B-2, and any debts incurred thereafter in connection with that Party’s Separate Property, shall remain the sole responsibility of that Party.
(b) Joint Debts. Debts incurred jointly after the Effective Date and during the Marriage shall be allocated as the Parties may agree in writing at the time such debt is incurred, or absent such agreement, equally between the Parties.
3.5 Spousal Support.
(a) Waiver. Except as provided in Section 3.5(b), each Party irrevocably waives and releases any right to temporary or permanent alimony, maintenance, or spousal support under Georgia law or otherwise.
(b) Sun-Set Clause (Optional). Notwithstanding Section 3.5(a), if the Marriage lasts longer than [NUMBER] years, Party [A/B] shall pay rehabilitative support to Party [B/A] in the amount of $[AMOUNT] per month for a term of [TERM] months following a Divorce.
3.6 Estate Planning and Death Benefits.
(a) Elective Share Waiver. Each Party waives any and all rights to an elective share, year’s support, or similar statutory entitlement in the other Party’s estate.
(b) Life Insurance. Each Party shall maintain life insurance on his or her life in a face amount of at least $[AMOUNT] naming the other Party (or the Parties’ children, if any) as beneficiary until the earliest of (i) the Parties’ Divorce, (ii) mutual written agreement, or (iii) [EVENT].
(c) Ancillary Estate Documents. Each Party shall execute such Ancillary Estate Documents as may be reasonably necessary to effectuate this Section 3.6.
3.7 Gifts and Transfers. Any inter-spousal gift shall be deemed the Separate Property of the donee unless the gift is expressly classified in writing as Marital Property at the time of transfer.
4. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants to the other as follows:
4.1 Disclosure. He or she has made a full, fair, and reasonable disclosure of all material facts concerning assets, liabilities, and income, as summarized in Exhibits A through C.
4.2 Independent Counsel. He or she has had a reasonable opportunity to consult with independent legal counsel of his or her own choosing and either has done so or knowingly and voluntarily waives such right.
4.3 Voluntary Execution. He or she is executing this Agreement freely, voluntarily, and without duress, coercion, fraud, or undue influence.
4.4 Fairness. The terms of this Agreement are fair, just, and reasonable at the time of execution.
4.5 Reliance. He or she has not relied on any representation or promise by the other Party or any third person not expressly stated herein.
Survival. The representations and warranties in this Article 4 shall survive the execution of this Agreement and the Marriage.
5. COVENANTS & RESTRICTIONS
5.1 Continuing Disclosure. Each Party shall promptly notify the other in writing of any material change exceeding $[THRESHOLD] in the value of his or her Separate Property or Separate Debt prior to the Marriage.
5.2 Record-Keeping. Each Party shall maintain adequate books and records sufficient to establish the character and value of Separate Property and Separate Debts.
5.3 Cooperation in Documentation. The Parties shall execute such additional instruments and take such further action as may be reasonably necessary to carry out the intent of this Agreement.
5.4 Confidentiality. Except as required by law or court order, neither Party shall disclose the terms of this Agreement to any third party other than legal, financial, or tax advisors who are bound by confidentiality obligations.
5.5 Notice and Cure. A Party alleging a breach of this Agreement shall provide written notice specifying the breach and shall afford the breaching Party [30] days to cure before invoking the remedies in Article 6.
6. DEFAULT & REMEDIES
6.1 Events of Default. Each of the following constitutes a default:
(a) Material breach of any covenant, representation, or warranty herein;
(b) Failure to comply with a notice and cure demand under Section 5.5;
(c) Fraudulent concealment or misrepresentation in the Exhibits or Schedules.
6.2 Remedies. Upon default, the non-defaulting Party may pursue any combination of:
(a) Specific Performance (see Section 6.3);
(b) Monetary damages up to the Liability Cap in Section 7.2;
(c) Equitable accounting;
(d) Recovery of reasonable attorneys’ fees and costs.
6.3 Specific Performance. The Parties acknowledge that monetary damages may be inadequate and agree that a court of competent jurisdiction or arbitrator (as applicable) may order specific performance or injunctive relief to enforce this Agreement.
7. RISK ALLOCATION
7.1 Mutual Indemnification. Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her heirs and assigns (“Indemnified Party”) from and against any losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) the Indemnifying Party’s breach of this Agreement; or
(b) any Separate Debt of the Indemnifying Party.
7.2 Liability Caps. Except with respect to fraud or intentional misrepresentation, each Party’s aggregate liability under this Agreement shall not exceed $[CAP AMOUNT] or the aggregate value of that Party’s Separate Property at the time of judgment, whichever is less.
7.3 Insurance. Each Party shall maintain customary personal liability insurance coverage in an amount not less than $[AMOUNT], naming the other Party as an additional insured where commercially reasonable.
7.4 Force Majeure. No Party shall be liable for failure to perform if such failure is caused by events beyond the Party’s reasonable control, including acts of God, war, riot, epidemic, or governmental action, provided the affected Party gives prompt notice and resumes performance as soon as practicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic relations laws of the State of Georgia, without regard to its conflicts-of-law principles.
8.2 Forum Selection. Except as provided in Section 8.3, any proceeding to enforce or interpret this Agreement shall be filed exclusively in the [COUNTY] Superior Court, Family Division (the “Family Court”). Each Party irrevocably submits to the personal jurisdiction of such court.
8.3 Limited Arbitration.
(a) Scope. Subject to public policy limitations, any dispute solely concerning the classification or valuation of property, or the allocation of debt, shall be submitted to binding arbitration administered by [ARBITRATION ORGANIZATION] in accordance with its family law arbitration rules then in effect. Matters concerning child custody, support, or visitation are expressly excluded.
(b) Award. The arbitrator’s award may be confirmed in the Family Court and shall be subject to judicial review only as permitted under O.C.G.A. § 9-9-13.
[// GUIDANCE: Georgia permits arbitration of financial issues in prenuptial agreements but not child-related matters.]
8.4 Waiver of Jury Trial. The Parties acknowledge that Georgia family courts do not employ juries in divorce proceedings; accordingly, any right to a jury trial is inapplicable and hereby waived to the extent permissible by law.
8.5 Interim Relief. Nothing in this Article 8 shall prohibit a Party from seeking temporary or emergency injunctive relief, including specific performance under Section 6.3, in the Family Court pending arbitration or final adjudication.
9. GENERAL PROVISIONS
9.1 Amendments; Waivers. This Agreement may be amended or waived only by a written instrument executed by both Parties, expressly stating the intention to amend or waive. No oral waiver shall be effective.
9.2 Assignment; Delegation. Neither Party may assign any rights or delegate any obligations under this Agreement, voluntarily or by operation of law, without the prior written consent of the other Party, except to the extent necessary to effect testamentary dispositions consistent with Section 3.6.
9.3 Successors and Assigns. Subject to Section 9.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.
9.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable.
9.5 Integration. This Agreement, together with its Exhibits and Schedules, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements.
9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together constitute one instrument. Signatures delivered by facsimile or secure electronic means shall be deemed originals.
9.7 Acknowledgment of Adequate Consideration. The Parties agree that their forthcoming Marriage constitutes adequate and sufficient consideration for this Agreement.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[NAME OF PARTY A]
Date: _______
[NAME OF PARTY B]
Date: _______
STATE OF GEORGIA
COUNTY OF ______
The foregoing instrument was acknowledged before me on this ___ day of ____, 20__, by [NAME OF PARTY A].
Notary Public
My Commission Expires: _______
STATE OF GEORGIA
COUNTY OF ______
The foregoing instrument was acknowledged before me on this ___ day of ____, 20__, by [NAME OF PARTY B].
Notary Public
My Commission Expires: _______
[// GUIDANCE: Georgia does not statutorily require notarization for prenuptial agreements, but obtaining notarization and two disinterested witnesses is strongly advised to bolster enforceability.]
11. EXHIBITS & SCHEDULES
Exhibit A-1 – Schedule of Separate Property of Party A
Exhibit A-2 – Schedule of Separate Debts of Party A
Exhibit B-1 – Schedule of Separate Property of Party B
Exhibit B-2 – Schedule of Separate Debts of Party B
Exhibit C – Schedule of Income and Financial Statements (Both Parties)
[Attach as needed]
[// GUIDANCE:
1. Attach detailed financial schedules to satisfy Georgia’s “full and fair disclosure” requirement.
2. Encourage each Party to obtain independent counsel, as Georgia courts consider this factor when assessing fairness.
3. Include an execution certificate from each counsel, if desired, attesting to counsel’s review and explanation of the Agreement.]