Marriage contracts and settlements made by persons who are minors but of lawful age to marry are binding as if made by adults.
(Orig. Code 1863, § 2696; Code 1868, § 2692; Code 1873, § 2734; Code 1882, § 2734; Civil Code 1895, § 3651; Civil Code 1910, § 4236; Code 1933, § 20-204.)
Law reviews.- For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
JUDICIAL DECISIONS
Section provides exception to general disability of minors to contract.
- Exception to general rule as to contracts of infant, under age of majority but of lawful age to marry, is to make marriage contracts and settlements binding as if made by adults. Walker v. Walker, 209 Ga. 490, 74 S.E.2d 66 (1953).
Marriage does not remove disabilities of infancy unless so provided by statute. Walker v. Walker, 209 Ga. 490, 74 S.E.2d 66 (1953).
Marriage contracts and settlements are prenuptial contracts and settlements. Sellers v. Sellers, 160 Ga. 516, 128 S.E. 659 (1925).
Minor wife's waiver of right to child custody not within scope of O.C.G.A. § 13-3-22. - Contract between husband and minor wife, who was of lawful age to marry, wherein minor wife waived right to custody of child, was not binding on wife and did not preclude wife from applying to court of competent jurisdiction for custody of child. Walker v. Walker, 209 Ga. 490, 74 S.E.2d 66 (1953).
Cited in Weathers v. Owen, 78 Ga. App. 505, 51 S.E.2d 584 (1949); Kay v. Vaughan, 224 Ga. 875, 165 S.E.2d 131 (1968).
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Marriage, §§ 17, 120.
C.J.S.- 17 C.J.S., Contracts, § 96. 55 C.J.S., Marriage, §§ 24, 43 et seq.
ALR.- Right of infant who repudiates contract for services to recover thereon or in quantum meruit, 35 A.L.R.2d 1302.
Husband's death as affecting periodic payment provision of separation agreement, 5 A.L.R.4th 1153.
Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.