In a case that highlights the importance of having legal counsel actively involved when drafting contracts having financial significance, the Supreme Court of Georgia upheld the judgment of the Superior Court of Fulton County that a postnuptial agreement entered into between a husband and his wife was invalid as a matter of law and that the alimony provisions in the contract were unenforceable.
The case arose in the context of a marriage that was having difficulty. At issue was a lengthy letter agreement that the wife, a non-attorney, allegedly drafted to her then-husband, setting out, among other things, the terms of alimony. When the parties ultimately proceeded with divorce, and very large sums of money were at stake, the wife asserted that alimony was governed by the letter agreement. The husband vigorously opposed the wife’s argument, asserting that the alimony provisions had omitted material terms and that the language the wife employed was far too vague to be judicially enforced.