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Eversbusch v. Eversbusch

The essential terms of a postnuptial agreement, which the wife had prepared, were not present and agreed upon by the parties.

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This Court granted interlocutory appeal from an order of the Superior Court of Fulton County denying a motion to enforce a provision addressing alimony and child support in a purported postnuptial agreement in order to consider whether the superior court erred in determining that such provision was unenforceable in its entirety. For the reasons which follow, we conclude that the superior court did not err in this regard, and we affirm.

Helene Eversbusch “Wife” and Andreas Eversbusch “Husband” married in June 1985. After marital problems arose in 2001, the couple engaged in counseling and other efforts in an apparent attempt to save their marriage. In January 2002, Wife, who was not an attorney, prepared a six-page document in letter form entitled “Letter of Agreement between Andreas W. Eversbusch and Helene H. Eversbusch” “Agreement”1 outlining, inter alia, behavioral expectations for continuing the marriage, alleged promises between the parties, and “in the unfortunate event of divorce” summary provisions for division of the parties’ substantial assets, custody of their children, and alimony and child support.2 The Agreement reflects that it was signed by both parties on January 2, 2002.3 Several years later, marital problems again arose, and in January 2012, Wife filed a complaint for divorce. In May 2012, Wife filed a motion to enforce the Agreement, requesting that the superior court enter an order finding that the Agreement was legally valid, and therefore, that it resolved “all issues regarding equitable division of property and permanent alimony.”

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