Certification of a Marriage Contract - Deciding Who Owns What Before the Law Decides for You

The default regime, and what the contract replaces

Under the Civil Code of Georgia, property acquired by the spouses during the marriage is their joint property regardless of which of them acquired it or in whose name it is registered, with the exceptions of property owned before the marriage, property received by gift or inheritance during it, and personal items; joint property is managed by mutual consent, disposed of with the other spouse's consent (which is why the notary asks for it in property transactions), and divided equally on divorce unless a court finds reason to depart from equality. A marriage contract is the agreement by which the spouses, or the persons intending to marry, replace or modify this regime for all or part of their property: it must be certified by a notary, it takes effect on the marriage if made before it and on certification if made during it, and it binds the spouses, their heirs and, once they are informed, their creditors. Without notarial certification a marriage contract is void, which is why the act exists and why couples come to the notary rather than to a lawyer's office alone.

What can be agreed

The contract can establish a regime of separate property, under which each spouse owns what they acquire and the joint regime does not apply; a regime of joint property extended to property owned before the marriage; or a mixed regime that treats particular assets differently - the family home joint, the business separate, an inheritance separate, income from a rental property joint. It can regulate the rights and duties of the spouses in mutual maintenance, the sharing of family expenses, the treatment of debts incurred by one spouse, the participation of each in the other's income and the property each will receive on divorce, including the transfer of specific assets or the payment of a sum. It can be made for a fixed period or conditional on events. Georgian law does not allow it to regulate the personal relations of the spouses, the rights and duties of the spouses toward their children, the children's maintenance or custody, or to limit a spouse's legal capacity or right to go to court, and it cannot place a spouse in a position of extreme disadvantage, which a court may set aside; the notary refuses provisions of these kinds, and we draft around them.

International couples: property abroad, recognition, and which law applies

Georgia has become a place where international couples marry - Georgians with foreigners, and foreigners with each other at the House of Justice - and their marriage contracts must work in more than one country. The contract may cover property abroad, but whether a foreign registry, bank or court applies it depends on that country's private international law: many countries apply the law chosen by the spouses or the law of their first common residence, some apply their own law to real estate within their borders regardless, and some (common-law countries in particular) treat prenuptial agreements as persuasive rather than binding. We draft international marriage contracts with a choice-of-law clause where the countries concerned allow it, with the Georgian assets and the foreign assets treated in separate articles so that a foreign court can apply the part concerning its territory, and with the parties' lawyers at home consulted where a substantial asset is abroad; the contract is apostilled through the Ministry of Justice route and translated for the foreign country, and where that country requires its own form (a German Ehevertrag before a German notary, for instance) we tell the couple to make a parallel contract there.

Drafting for two languages, and the interpreter

A marriage contract between a Georgian and a foreigner, or between two foreigners, is drafted in Georgian with a parallel column in the language of the foreign spouse, or in two foreign columns where neither spouse reads Georgian, so that each reads their own language on the page; the Georgian text is the one the notary certifies and Georgian courts apply, and the parallel columns are drafted by our legal translators to match it exactly. At the appointment the notary explains the contract to each spouse - through our interpreter, recorded in the act and signing it, for a spouse who does not understand Georgian - confirms that each consents freely and understands the effect, and certifies. Both spouses attend in person; a marriage contract cannot be made by power of attorney. Foreign passports are translated for the notary's file beforehand, and a marriage certificate, Georgian or foreign (apostilled and translated), is presented where the couple is already married.

Amendment, termination and divorce

The spouses may amend or terminate the contract at any time by a further notarial act, but neither may do so alone; on divorce the contract governs the division of property and the court applies it, departing from it only where a provision is void or places a spouse in extreme disadvantage; on death the contract determines what belonged to the deceased and therefore what falls into the estate, and interacts with the will and the compulsory share, which we take into account when a couple makes both. Creditors of a spouse are bound by the contract only from the time they are informed of it, so a spouse whose business carries risk should notify existing creditors and the contract should be disclosed to banks when they ask. Contracts made before the marriage lapse if the marriage does not take place.

What to bring, fees and timing

Bring both spouses' valid passports or Georgian IDs; the marriage certificate if already married; a list of the assets each owns and expects to acquire, with identifying details for property, businesses and accounts in Georgia and abroad; and a clear statement of the arrangement wanted - separate property, a mixed regime, specific provisions for divorce. Send these in advance on WhatsApp, Telegram or email and we draft the bilingual contract, send it to both spouses and, where they have them, to their lawyers for comment, and book the appointment at Agmashenebeli 117, which takes about an hour. Fees follow the official tariff for the certification of a marriage contract; the bilingual drafting, the interpreter, the translation of foreign documents and the apostille and translation for use abroad are quoted separately in advance. Couples marrying in Georgia often make the contract in the days before the ceremony at the House of Justice, and we coordinate the two appointments.

Frequently asked questions

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