Q: Is it necessary to file a prenuptial agreement in Georgia, and can it remain confidential?

A: Georgia Prenuptial Agreement Privacy Analysis

Your prenuptial agreement does not require filing with any Georgia court simply to remain valid and enforceable, as Georgia law recognizes these as private contracts between spouses without mandatory recording requirements. Prenuptial agreements typically remain private documents until they become relevant in legal proceedings such as divorce or estate matters, at which point they may need to be submitted to the court as evidence. The concern about confidentiality is understandable, as Georgia court records generally remain public unless specific protective measures are implemented.

If circumstances arise requiring you to submit your prenuptial agreement to a Georgia court, you may petition the court to file it under seal through a motion for protective order under Georgia Uniform Superior Court Rule 21.2. This process requires demonstrating that privacy interests substantially outweigh the public's right to access, which courts evaluate on a case-by-case basis considering factors such as financial privacy concerns and potential harm from disclosure. Georgia courts have recognized legitimate privacy interests in sensitive financial documents, though the threshold for sealing remains relatively high.

For maximum privacy protection, we recommend maintaining your agreement with other important legal documents rather than preemptively filing it with any court. Consider creating a notarized copy stored with your attorney in their confidential client files, which preserves authenticity evidence without public disclosure. Should divorce proceedings eventually occur, Georgia's discovery process typically allows for confidentiality designations during the exchange of sensitive financial documents, providing an additional layer of privacy protection before any court filing becomes necessary.