(Orig. Code 1863, § 1731; Code 1868, § 1772; Code 1873, § 1782; Code 1882, § 1782; Civil Code 1895, § 2487; Civil Code 1910, § 3006; Code 1933, § 53-403; Ga. L. 2018, p. 155, § 1-1/HB 190.)
The 2018 amendment, effective July 1, 2018, added subsection (a); designated the previously existing provisions of this Code section as subsection (b), and, in subsection (b), inserted "or herself" and "or her" near the end.
Cross references.- Consideration generally, § 13-3-40 et seq.
Law reviews.- For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).
JUDICIAL DECISIONS
Marriage is valuable consideration and innocent purchaser on such consideration will be protected even against subsequent bona fide purchaser. Nally v. Nally, 74 Ga. 669 (1885).
Marriage is sufficient consideration to support deed, and if the woman is guilty of no fraud, and enters into the settlement without notice of a debt, due from the man to a third party, she will be protected in the property conveyed by the settlement, against that debt. Marshall v. Morris, 16 Ga. 368 (1854); Sheridan v. Sheridan, 153 Ga. 262, 111 S.E. 906 (1922).
RESEARCH REFERENCES
Am. Jur. 2d.
- 41 Am. Jur. 2d, Husband and Wife, § 106.
C.J.S.- 41 C.J.S., Husband and Wife, §§ 93 et seq., 111.
ALR.
- Promise to marry as consideration for note or other executory obligation made some time thereafter, 63 A.L.R. 1184.
What constitutes promise made in or upon consideration of marriage within statute of frauds, 75 A.L.R.2d 633.
Action based upon reconveyance, upon promise of reconciliation, of property realized from divorce award or settlement, 99 A.L.R.3d 1248.
Validity, construction, and enforcement of oral antenuptial agreements, 15 A.L.R.7th 2.