Marriage contract in Georgia — how to make one

Under the Civil Code a marriage contract can be made before or after the marriage is registered, at any time. One made before registration takes effect on registration (Article 1173). It is made in writing and certified by a notary (Article 1174).

By law, property acquired during marriage is the spouses' joint property. A contract can change this — for existing and future property (Article 1176).

What it can include

• Who owns existing and future property — separately, in shares or jointly
• How each spouse shares income and family expenses
• What property each spouse receives on divorce
• Terms can be limited to a period or tied to certain events

What it can't include

• Changing the spouses' duty to support each other
• Changing parents' rights and duties towards children
• Changing alimony obligations
• Limiting the right to go to court
• Terms that put one spouse in severe hardship

Changing and ending it

The contract can be changed or ended at any time by mutual agreement. Unilateral withdrawal isn't allowed. The contract ends on divorce (Article 1180).

If one spouse is a foreigner

If one spouse is a foreigner or property is in another country, the spouses can choose which country's law governs their property relations; the choice is made before a notary (Law on Private International Law).

Will a template do?

A template is written for a general case and doesn't reflect your risks — often it lacks exactly the clause you'll need in a dispute. It's better to fit the contract to your deal. We draft the contract or review the other side's text before you sign.