Yes. A Georgia judge has discretion to approve or reject a divorce settlement agreement, in whole or in part, before making it part of the decree.
Where the Power Comes From
Once accepted, the agreement “becomes the judgment of the court itself and therefore the court has the discretion to approve or reject the agreement, in whole or in part.” Bridges v. Bridges, 256 Ga. 348 (1986). Amos v. Amos, 212 Ga. 670 (1956), adds that where the decree and the agreement conflict, “the words of the decree will control.”
What the Review Looks Like
The judge reviews the agreement to determine whether its contents are “within the bounds of the law.” Gravley v. Gravley, 278 Ga. 897 (2005). Gravley also held that, unlike a prenuptial agreement, a settlement reached during the divorce need not be found conscionable.
The review is also the judge’s job alone. In Page v. Page, 281 Ga. 155 (2006), an arbitrator adopted the parties’ settlement of all financial issues. The Georgia Supreme Court reversed because “it is the ultimate duty of the trial court, not an arbitrator, to determine the propriety of a settlement agreement,” and nothing showed the judge had independently reviewed it.
The Limits
The discretion “is not absolute and can be abused.” Mathes v. Mathes, 267 Ga. 845 (1997). In Hodges v. Hodges, 261 Ga. 843 (1992), the judge rejected a stipulation that alimony would be a new car, because the husband had threatened to take away the wife’s car. That was within his discretion, but the judgment was reversed anyway, because the judge never told the parties and gave them no chance to present evidence on alimony.
Nor can the judge rewrite the deal by adding substantive terms of his own; the decree must accurately reflect the settlement. Robinson v. Robinson, 261 Ga. 330 (1991). A separate post explains how far a parents’ agreement about children binds the court.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!