Legal Question in Family Law in Georgia
My wife and I signed a Notarized document stating that in case of a divorce neither of us will ask for money etc. Is this document legal?
3 Answers from Attorneys
It is impossible to tell without reviewing the whole document. Consult with a local attorney.
Under Georgia Code 19-3-63 Liberal construction of marriage contract.
'Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties and no want of form or technical expression shall invalidate the same. The contract must be attested by at least two witnesses."
Therefore, if the document was not attested by at least two witnesses, the contract is invalid under 19-3-63.
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If you drew up a document yourself, probably not, although we'd have to read it to know.
If you hired a lawyer to do a proper prenuptial agreement, it might be enforceable. Again we'd have to read it to know.