The Supreme Court affirmed the denial of the husband’s motion to set aside the parties’ settlement agreement in their divorce case after the trial court reviewed the agreement, found it to be within the bounds of the law and incorporated it into the final judgment. The Court held that the trial court did not abuse its discretion, since the husband voluntarily signed the agreement, no evidence showed misrepresentation or fraud and the wife’s non-compliance with a provision requiring her to pay a debt did not constitute repudiation of the agreement or otherwise divest the trial court’s discretion. The Husband challenged the agreement,contending that it disproportionately distributed his military retirement income and that child support had been incorrectly calculated.

The Georgia Supreme Court granted Husband’s application to appeal this divorce case pursuant to Court’s Domestic Relations Pilot Project. Arnold v. Arnold. The Court held that the Douglas County Superior Court did not abuse its discretion in denying Husband’s motion to set aside the parties’ settlement agreement prior to its being incorporated into the final judgment, where Husband had read and understood the agreement and signed it voluntarily and where there was no evidence that the agreement was obtained by fraudulent means. Justice Hugh Thompson wrote the unanimous opinion for the Court.

SOURCES: Supreme Court of Georgia and Fulton County Daily Report