A Georgia divorce settlement agreement is valid when it meets the ordinary requirements of a contract. No special form is required, but the judge must still approve it.
It Is a Contract
“Settlement agreements arising from divorce proceedings are contracts, which are enforceable if all essential elements are embodied in the agreement.” Guthrie v. Guthrie, 259 Ga. App. 751 (2003). The Georgia Supreme Court agrees: “Settlement agreements in divorce cases are construed in the same manner as all other contractual agreements.” Buckner v. Buckner, 294 Ga. 705 (2014).
The Four Elements
Under OCGA 13-3-1, a valid contract requires “parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.”
In a divorce, most of these are easy. Consideration comes from the settlement itself, because “[t]he termination of family controversies affords sufficient consideration for a compromise and settlement.” Herndon v. Herndon, 227 Ga. 781 (1971). Assent is the element most often litigated, since there is no agreement until every essential term is agreed. That rule, and the defenses of fraud, duress, and mistake, have their own posts.
No Special Form
A settlement agreement does not even have to be written. In Herndon, the husband refused to sign the written version of a settlement the parties had announced to the judge. The Supreme Court enforced it, holding that parties “may by oral agreement compromise and settle the same, which will bind them although not reduced to writing.”
The Extra Step in a Divorce
Under Bridges v. Bridges, 256 Ga. 348 (1986), the agreement, “if accepted by the court, 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.” A valid contract between you and your spouse still has to pass the judge, and a separate post explains that review.
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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!