Section 19-3-67. Recordation of marriage contracts and voluntary settlements; effect of failure to record

   (a) Every marriage contract and every voluntary settlement made by one spouse with the other, whether or not in execution of marriage articles, shall be recorded in the office of the clerk of the superior court of the county of the residence of the spouse making the settlement within three months after the execution thereof. If such a contract or settlement is made in another state and the parties subsequently move into this state, the same shall be recorded within three months from the move. If the settled property is in this state and the parties reside in another state, the record shall be made in the county where the property is located within the time specified above.

(b) A contract or settlement which is not recorded as provided in subsection (a) of this Code section shall be of no force or effect against one who, bona fide and without notice, becomes a purchaser, creditor, or surety before the actual recording of the same.

Laws 1847, Cobb's 1851 Digest, p. 180; Code 1863, § 1727; Code 1868, § 1768; Code 1873, § 1778; Code 1882, § 1778; Civil Code 1895, § 2483; Civil Code 1910, § 3002; Code 1933, § 53-408.