RECOGNIZE MARRIAGE AS AN ENFORCEABLE CONTRACT AND STRENGTHEN ACCOUNTABILITY WHEN THE CONTRACT IS BREACHED

PETITION TO RECOGNIZE MARRIAGE AS AN ENFORCEABLE CONTRACT IN GEORGIA AND TO STRENGTHEN ACCOUNTABILITY WHEN THE CONTRACT IS BREACHED

To the Honorable Judiciary of the State of Georgia and the Members of the Georgia General Assembly:

Preamble
Marriage is universally acknowledged under Georgia law as a legal relationship formed by mutual consent of the parties. Under Georgia Code § 19-3-2, a valid marriage requires that both parties be able and willing to contract marriage, of sound mind, and free of fraud or duress.

However, once formed, the marriage relationship — despite being entered into like a contract — is treated in family courts as a status that can be dissolved with minimal accountability, often without sufficient consideration for the obligations the parties entered into.

Georgia currently allows divorce on the grounds of irretrievable breakdown or a variety of fault-based grounds.

This petition seeks to bring greater fairness, consistency, transparency, and accountability to how marriages — as contracts — are adjudicated when one party's conduct destroys the contract.

WHEREAS
Marriage in Georgia is legally recognized as requiring mutual present intent to contract. The Georgia Code mandates that to be married, both parties must consent to enter the marital contract, without fraud or coercion.

Georgia law recognizes that contracts made in consideration of marriage must be construed to carry into effect the intention of the parties. O.C.G.A. § 19-3-63 provides that written marriage contracts shall be interpreted to effectuate the parties' intentions.

Marriage contracts, like all contracts in Georgia, impact property rights, obligations, and legal status. Under Georgia Code § 19-3-66, marriage contracts, postnuptial settlements, and antenuptial agreements may be enforced by courts.

Contracts in Georgia civil law are enforceable based on standards such as preponderance of evidence, meaning a greater than 50% likelihood that conduct or obligation was breached. This is the standard generally used in civil litigation for contract disputes.

Despite being a contract with legal consequences, Georgia family courts often dissolve marriages with minimal requirement that the spouse responsible for destruction of the relationship be held accountable by standards that reflect contract law, fairness, or equitable contribution.

WE, THE UNDERSIGNED, RESPECTFULLY REQUEST THAT:
1. Marriage Be Treated as a Contract Enforceable with Consistent Civil Standards
We petition that Georgia's judiciary formally adopt and apply civil contract principles in divorce proceedings, including:

a. Clear standards for determining whether one party has materially breached the marital contract.
b. Use of preponderance of evidence (greater than 50% likelihood) to determine breach, aligned with general civil contract litigation standards.

2. Courts Must Consider Contractual Breaches in the Division of Assets and Obligations
When one spouse's conduct has materially damaged or destroyed the marital contract, Georgia courts should:

a. Reflect this conduct in property division and spousal support, instead of primarily considering status and equitable distribution alone.
b. Ensure that the harmed spouse is not left to bear disproportionate burdens merely because standard "no-fault" divorce grounds were cited.

3. Georgia Family Courts Should Adopt Measures to Protect Vulnerable Spouses
In situations where one party engaged in conduct that clearly violated the mutual obligations of the marital contract — such as concealment of assets, fraud, intentional destruction of family goals, or intentional abandonment — we request:

a. Enhanced consideration of this conduct in financial and custodial determinations;
b. Clear judicial findings and opinions explaining how alleged contractual breaches affected the final outcome.

4. Legislative or Judicial Rulemaking to Formalize Contract Treatment
We encourage the Georgia General Assembly and Supreme Court of Georgia to:

a. Explore rule amendments to Georgia family law procedures that explicitly incorporate contract principles;
b. Direct judges to provide written findings when one party's actions constitute material breach of the marriage contract.

Conclusion
We, the undersigned, believe that marriage — a solemn promise and legally enforceable contract — deserves meaningful accountability when it is destroyed by one party. We seek fairness, clarity, and justice for families and spouses by strengthening legal standards that reflect marriage's contractual foundation.

Respectfully submitted on this ___ day of __________, 2026.

PETITIONER: _______________________
ADDRESS: _________________________

We, the undersigned residents or registered voters of the State of Georgia, in support of treating marriage as an enforceable contract with appropriate accountability under Georgia law, do hereby petition and sign:

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