Prenuptial Agreements in Georgia: A Smart Move Before Marriage or Divorce

Prenuptial agreements in Georgia are a practical way to define how property will be owned, managed, and divided—before emotions or disputes arise. Georgian law expressly allows couples to enter a “marriage contract” (sometimes called a prenup or marital agreement) that sets the property rights and duties of spouses during marriage and at divorce. Done correctly—in writing and notarized—a prenuptial agreement can reduce conflict, speed up proceedings, and protect family assets in Tbilisi, Batumi, Kutaisi, Rustavi and beyond.

 

What a Georgian Prenuptial Agreement Can (and Can’t) Do

Under the Civil Code of Georgia, spouses may set their property regime by contract: keep property separate, define co-ownership rules, or create tailored splits for specific assets and future acquisitions. You can also agree on how family expenses are borne, how income is shared, and what each spouse receives if the marriage ends. In short, you can pre-arrange most financial consequences of marriage and divorce—within legal limits. 

There are boundaries: marriage contracts govern property relations, not issues like child custody or parenting time (those are decided by the court using the child’s best interests). Courts also retain the power to modify a contract if it places one spouse in an “extremely unfavorable” position, so fairness and clarity matter. 

 

The Legal Requirements: Form, Timing, and Notarization

Form: Your contract must be in writing and notarized. Without a notary’s certification, it will not have legal force. 

Timing: You may sign a prenuptial agreement before marriage or a marital agreement after marriage; if signed before, it takes effect upon registration of the marriage. This flexibility lets couples finalize terms before the ceremony or regularize finances later. 

Special capacity cases: If a party’s capacity is restricted or one spouse is a legally supported person, guardianship/oversight rules apply and the agreement must be concluded in line with court-ordered safeguards. 

Registration & records: Georgia does not keep a separate public registry of marriage contracts. However, the notarial act is entered in the General Register of Notarial Deeds, and matrimonial property regimes affecting real estate can be reflected with the National Agency of Public Registry (NAPR) for clarity against third parties. 

 

Why Sign a Prenup in Georgia? Practical Benefits

1) Clarity about “who owns what”

By default, property acquired during marriage is matrimonial/joint unless you agree otherwise. A prenup lets you state that certain business shares, foreign accounts, or future investments remain separate—or define exactly how they’ll be split if you separate. 

2) Faster, cheaper divorces

When property and expense rules are already agreed, contested issues shrink, saving time and cost in Tbilisi City Court or Batumi City Court. This often means less stress and fewer hearings. Georgian practice experience—and even public legal education resources—note that couples with contracts face less conflict when separating. 

3) Better planning for entrepreneurs and expats

If you own a company, hold cross-border assets, or plan to relocate, a well-drafted prenup creates predictability. In private international law, if spouses haven’t chosen applicable law, courts look to nationality/habitual residence/closest connection to decide which law governs the property regime—a prenup helps avoid surprises by making your arrangement explicit and easier to respect abroad. 

 

Core Clauses to Consider (with Georgian Law in Mind)

• Property regime: Separate vs. joint ownership, or a hybrid (e.g., wages are joint, pre-marital/enterprise assets remain separate). 

• Future acquisitions: You may agree that future property follows the same regime; terms apply when such assets actually come into existence. 

• Income & expenses: Who pays what; how savings/investments are treated; rules for major purchases. 

• Division at divorce: A roadmap for dividing assets and compensating disparities (e.g., buyouts, set-offs, time to refinance). Note: courts can deviate if a term becomes extremely unfavorable to one spouse. 

• Real estate notice: If your contract alters rights in immovable property, reflect it with NAPR entries to protect third-party reliance. 

 

Spousal Support vs. Property: Know the Difference

Clients often conflate alimony with property division. Georgian law treats them differently:

• Spousal support (maintenance) is very limited: mainly for a disabled spouse in need and for a wife during pregnancy and up to three years after childbirth. A disabled spouse can retain the right to maintenance even after divorce. Broad, long-term alimony like in some Western countries is not the norm in Georgia. 

• Prenups are primarily about property, not open-ended alimony. Attempts to waive statutory maintenance entirely may face scrutiny, and a court can adjust oppressive terms. Draft with care and realistic expectations.

 

International & Mixed-Nationality Couples: Conflict-of-Law Tips

If one spouse is foreign or you plan to relocate, your financial life might straddle multiple systems. The Law on Private International Law sets which country’s law governs spouses’ property relations when there is no explicit choice—looking to shared nationality, habitual residence, or the closest connection. A clearly drafted, notarized Georgian prenup helps signal intent and can reduce friction in recognition/enforcement abroad. 

Practical extras for cross-border couples:

• Language & translation: Sign in Georgian with bilingual text so both parties understand; keep certified translations for foreign banks/courts.

• Apostille/legalization: If you’ll use the agreement abroad, arrange apostille on the notarized document so foreign authorities accept it. 

 

Common Mistakes That Risk Enforceability

1. Skipping the notary or using vague, contradictory language. Formalities matter; ambiguity invites litigation. 

2. Hiding material facts (e.g., businesses, loans, offshore assets). While the Code doesn’t list a U.S.-style “full disclosure” test, unfair or one-sided terms are vulnerable to court adjustment when they place a spouse in an extremely unfavorable position. 

3. Forgetting real estate entries at NAPR—leaving third parties unaware of restrictions you thought you had agreed. 

4. Assuming foreign courts will mirror Georgian defaults. Without a clear, properly executed agreement, another country may apply very different rules. 

 

Step-by-Step: How We Draft and Execute Your Prenup

1. Scoping & asset mapping: We list existing assets/debts (Georgia and abroad) and likely future acquisitions.

2. Choosing the property regime: Separate, joint, or mixed; special rules for business shares and real estate.

3. Drafting bilingual terms: Georgian + English (or other language), tailored to your family and risk profile.

4. Notarization in Georgia: We arrange the notary certification; if needed, we apostille for use abroad. 

5. Real estate reflection: Where the agreement affects immovable property, we coordinate NAPR entries. 

6. Periodic review: On major life changes (childbirth, relocation, new business), we reassess terms—remember, a court may adjust contracts that become extremely unfavorable. 

 

FAQs We Hear in 2025

Can we sign after we’re married?
Yes. A “marriage contract” can be concluded before or after marriage registration; if before, it becomes effective at registration. 

Can we cover future property?
Yes. You can set rules for future acquisitions; those clauses bite once the property exists. 

Is there a public registry of prenups?
No separate registry; notarial acts are logged, and real estate effects can be recorded with NAPR.

Can we eliminate alimony?
Georgia’s statutory maintenance rights are narrow (disabled spouse; pregnancy/three-year postpartum). Courts can modify contracts that create extreme unfairness. We draft to minimize that risk while honoring the law. 

 

Bottom Line: A Smart Move Before Marriage—or Before Conflict

A well-crafted prenuptial agreement in Georgia brings clarity, protects assets, and shortens disputes if the marriage ends. The law gives you the tools: define your property regime, allocate expenses, set division rules, and make it enforceable with notarization (plus NAPR entries for real estate). For entrepreneurs, expats, and any couple who values certainty, a prenup is one of the most cost-effective risk-management steps you can take.