Staff Analysis of the Legislation
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HB 405 amends Article 2 of Chapter 5 of Title 13 and Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to the defense of the statute of frauds in contracts and marriage. The proposed changes contained within HB 405 would require all pre-nuptial agreements to be composed in writing, signed by both parties, along with requiring it to be witnessed by two individuals one of which must be a notary. The current law regarding antenuptuals draws antiquated distinctions between marriage contracts and marriage articles which limits the participation of women in the contractual agreement. In the interest of modernizing the code section, HB 405 takes away the oral capacity to create a pre-nuptial agreement and sets the definition of antenuptual agreements as a contract entered into prior to a marriage that determines property rights or contemplates a future settlement upon one spouse as to a future resolution of issues, including, but not limited to, spousal support and equitable division of property. |
