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2018 Georgia Code 19-3-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-3-60 Case Law from Google Scholar Amendments to OCGA 19-3-60

TITLE 19 DOMESTIC RELATIONS

Section 3. Marriage Generally, 19-3-1 through 19-3-68.

ARTICLE 3 ANTENUPTIAL AGREEMENTS, MARRIAGE CONTRACTS, AND POSTNUPTIAL SETTLEMENTS

19-3-60. Definition; marriage as valuable consideration.

  1. As used in this article, the term "antenuptial agreement" means a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year's support, spousal support, and equitable division of property.
  2. Marriage is a valuable consideration; and a spouse stands, as to property of the other spouse settled upon a spouse by marriage contract, as do other purchasers for value, provided that by the contract a spouse shall not incapacitate himself or herself from paying his or her existing just debts.

(Orig. Code 1863, § 1731; Code 1868, § 1772; Code 1873, § 1782; Code 1882, § 1782; Civil Code 1895, § 2487; Civil Code 1910, § 3006; Code 1933, § 53-403; Ga. L. 2018, p. 155, § 1-1/HB 190.)

The 2018 amendment, effective July 1, 2018, added subsection (a); designated the previously existing provisions of this Code section as subsection (b), and, in subsection (b), inserted "or herself" and "or her" near the end.

Cross references.

- Consideration generally, § 13-3-40 et seq.

JUDICIAL DECISIONS

Marriage is valuable consideration and innocent purchaser on such consideration will be protected even against subsequent bona fide purchaser. Nally v. Nally, 74 Ga. 669 (1885).

Marriage is sufficient consideration to support deed, and if the woman is guilty of no fraud, and enters into the settlement without notice of a debt, due from the man to a third party, she will be protected in the property conveyed by the settlement, against that debt. Marshall v. Morris, 16 Ga. 368 (1854); Sheridan v. Sheridan, 153 Ga. 262, 111 S.E. 906 (1922).

RESEARCH REFERENCES

Am. Jur. 2d.

- 41 Am. Jur. 2d, Husband and Wife, § 106.

C.J.S.

- 41 C.J.S., Husband and Wife, §§ 93 et seq., 111.

ALR.

- Promise to marry as consideration for note or other executory obligation made some time thereafter, 63 A.L.R. 1184.

What constitutes promise made in or upon consideration of marriage within statute of frauds, 75 A.L.R.2d 633.

Action based upon reconveyance, upon promise of reconciliation, of property realized from divorce award or settlement, 99 A.L.R.3d 1248.

Validity, construction, and enforcement of oral antenuptial agreements, 15 A.L.R.7th 2.

Cases Citing O.C.G.A. § 19-3-60

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Dove v. Dove, 680 S.E.2d 839 (Ga. 2009).

Cited 19 times | Published | Supreme Court of Georgia | Jun 15, 2009 | 285 Ga. 647, 2009 Fulton County D. Rep. 2276

...nts settling the parties' rights in the event of a divorce clearly come within the plain terms of a statute which expressly applies to contracts made "in contemplation of marriage." 2. Neither OCGA § 19-3-63 nor any other section of Article 3, OCGA § 19-3-60 et seq., limits its application to marriage contracts which involve a transfer of property....
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Sullivan v. Sullivan, 684 S.E.2d 861 (Ga. 2009).

Cited 1 times | Published | Supreme Court of Georgia | Sep 28, 2009 | 286 Ga. 53, 2009 Fulton County D. Rep. 3045

...However, Georgia statutes specifically require attestation as provided by law before a deed or mortgage may be effectively recorded. OCGA §§ 44-2-14(a), 44-14-39; Gardner, Dexter & Co. v. Moore, Trimble & Co., 51 Ga. 268, 269 (1874). Neither OCGA § 19-3-63 nor any other section of Article 3, OCGA § 19-3-60 et seq., similarly links the attestation requirement to recordation of marriage contracts....