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Newman v. Newman

Addition of certain handwritten language to a 20-page type-written prenuptial agreement did not render the contract an unenforceable agreement to agree.

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Appellant James Newman husband and appellee Judy Newman wife were married in May 2007. Just before their wedding, they executed a 20-page type-written prenuptial agreement to which they added a handwritten provision acknowledging “that there are certain ambiguities contained within the body of this document which each party agrees to clarify and re-write within 30 days of the date of execution hereof.” Wife filed for divorce in 2011. After a hearing, the trial court granted wife’s motion to enforce the prenuptial agreement and entered a judgment of divorce incorporating its terms. We granted husband’s application for discretionary appeal pursuant to Supreme Court Rule 34 4, and for the reasons that follow, we affirm the judgment of the trial court.

Husband contends the trial court erred by enforcing the prenuptial agreement because the addition of the handwritten language left the parties with an unenforceable “agreement to agree.” Kreimer v. Kreimer, 274 Ga. 359 552 SE2d 826 2001 contract that fails to establish essential term and leaves settling of term to be agreed upon later is unenforceable; Board of Drainage Comm’rs. v. Karr & Moore, 157 Ga. 284, 299 121 SE 298 1924 contract that leaves terms and conditions to future negotiations is of no effect. In essence, husband argues that any agreement the parties may have had was voided by the addition of the language indicating their belief that the agreement contained ambiguities and their intent to clarify such ambiguities.

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