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HB 1087 - Marriage; covenant marriage; contract between parties

Walker, Len (87th)	Campbell, Jr, Thomas R (42nd)	Mills, James W (21st)

Status Summary	HC:	Judy	SC:		FR:	03/24/99	LA:	01/10/00	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 3 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage articles, contracts, and settlements, so as to provide for contracts between parties to a marriage as to covenant marriage; and for other purposes.

Code Sections - 19-3-69

HB 1087                                            LC 18 9170 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 3 of Title 19 of the Official 
  1- 2  Code of Georgia Annotated, relating to marriage articles, 
  1- 3  contracts, and settlements, so as to provide for contracts 
  1- 4  between parties to a marriage as to covenant marriage; to 
  1- 5  provide for terms, enforcement, and exceptions to 
  1- 6  enforcement; to provide that such agreements shall not 
  1- 7  change jurisdictional or time requirements provided by law; 
  1- 8  to provide an effective date; to repeal conflicting laws; 
  1- 9  and for other purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Article 3 of Chapter 3 of Title 19 of the Official Code of 
  1-13  Georgia Annotated, relating to marriage articles, contracts, 
  1-14  and settlements, is amended by adding a new Code section at 
  1-15  the end thereof, to be designated Code Section 19-3-69, to 
  1-16  read as follows: 
 
  1-17    "19-3-69. 
 
  1-18    (a) The parties to a marriage may enter into a written 
  1-19    agreement either prior to the marriage or after the 
  1-20    marriage to include any or all of the following terms.  In 
  1-21    addition, to any other terms to which parties may agree 
  1-22    under Georgia law, parties to a marriage may agree: 
 
  1-23      (1) To declare their marriage a covenant marriage; 
 
  1-24      (2) To obtain counseling before they marry; 
 
  1-25      (3) To obtain counseling before they separate; 
 
  1-26      (4) To a determination of the separation of assets 
  1-27      including real and personal property; 
 
  1-28      (5) To a determination of alimony obligations, including 
  1-29      whether there should be alimony, and if so, the amount 
  1-30      and type of same and its duration; and 
 
  1-31      (6) Any other matters not prohibited by Georgia law. 
 
 
 
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  2- 1    (b) Any agreement entered into pursuant to subsection (a) 
  2- 2    of this Code section shall be enforceable by courts in 
  2- 3    divorce or separate maintenance cases unless the court 
  2- 4    finds within its discretion that the: 
 
  2- 5      (1) Agreement was obtained through fraud, duress, or 
  2- 6      mistake or through misrepresentation or nondisclosure of 
  2- 7      material facts; 
 
  2- 8      (2) Agreement is unconscionable; 
 
  2- 9      (3) Facts and circumstances have changed so much that 
  2-10      enforcement of the agreement is now unfair or 
  2-11      unreasonable; or 
 
  2-12      (4) Enforcement of the agreement is not in the best 
  2-13      interest of a child or children of the marriage or could 
  2-14      result in physical or mental harm to one or both of the 
  2-15      parties. 
 
  2-16    (c) An agreement pursuant to this Code section shall not 
  2-17    change the jurisdictional or time requirements provided by 
  2-18    law." 
 
  2-19                           SECTION 2. 
 
  2-20  This Act shall become effective upon its approval by the 
  2-21  Governor or upon its becoming law without such approval. 
 
  2-22                           SECTION 3. 
 
  2-23  All laws and parts of laws in conflict with this Act are 
  2-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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