Enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements

(a) Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. (b) Antenuptial agreements may be enforced by a court of equity at the instance of: (1) The parties to the marriage; or (2) The offspring of the marriage and their heirs at any time after the death of a spouse, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40; provided, however, that when enforced at the instance of such offspring and their heirs, the court may enforce in favor of other persons. History. Orig. Code 1863, § 1730; Code 1868, § 1771; Code 1873, § 1781; Code 1882, § 1781; Civil Code 1895, § 2486; Civil Code 1910, § 3005; Code 1933, § 53-406; Ga. L. 2018, p. 155, § 1-1/HB 190; Ga. L. 2020, p. 377, § 2-24/HB 865. The 2020 amendment, effective January 1, 2021, inserted “, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40” in paragraph (b)(2).