Outside evidence, which lawyers call parol evidence, cannot add to, take from, or contradict a written Georgia divorce settlement agreement; it can only explain a term that is genuinely ambiguous.
What the Statutes Say
OCGA 13-2-2(1) states the rule: “Parol evidence is inadmissible to add to, take from, or vary a written contract,” but “if there is an ambiguity, latent or patent, it may be explained.” Likewise, OCGA 24-3-1 makes parol contemporaneous evidence “generally inadmissible to contradict or vary the terms of a valid written instrument,” and OCGA 24-3-3(b) admits it “to explain all ambiguities, both latent and patent.”
When It Is Excluded
If the term is clear, the inquiry never starts. In Martin v. Martin, 254 Ga. 376 (1985), an agreement set $200 per month “for the maintenance and support of said [4] minor children,” and the husband argued the parties had meant a per-child amount that would drop as each reached majority. The Georgia Supreme Court held the agreement “clearly provides for a lump sum payment” and that parol evidence “may not be considered so as to modify an unambiguous obligation.”
Even an ambiguous term cannot be explained with evidence that contradicts the writing. In Van Dyck v. Van Dyck, 263 Ga. 161 (1993), payments were labeled “alimony for her support and the support … of the children.” The husband sought to prove they were really all child support. The Court refused: where “the evidence offered to explain the ambiguity contradicts the terms of the written instrument, it should not be admitted.”
When It Comes In
When a term has two reasonable readings that the rest of the agreement cannot settle, the court may consider outside evidence of what the parties meant, as in Christian v. Christian, 300 Ga. 263 (2016), where a missing comma left a retirement clause open to two readings.
Our post on oral separation agreements covers oral side deals that conflict with the writing.
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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!