Arnold v. Arnold

The trial court did not abuse its discretion in refusing to set aside the parties' settlement agreement, which was incorporated in the final judgment.

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We granted the application to appeal in this divorce action pursuant to the Court’s Family Law Pilot Project. See Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003. For reasons that follow, we affirm. Mark and Sharon Arnold were divorced by order of the trial court on October 31, 2006. Prior to entry of that order, they executed an agreement resolving all issues in the divorce action. The agreement was submitted to the trial court for its approval and incorporation into the final judgment. Before entry of the final decree, husband filed a motion to set aside the agreement contending that it disproportionately distributed his military retirement income and that child support had been incorrectly calculated. The motion was later amended to include allegations of newly discovered evidence of wife’s alleged adultery during the marriage, non-disclosure of assets, and repudiation of the agreement based on her failure to comply with the agreement. After a hearing, the trial court denied the motion to set aside and husband appealed.1

We find no error in the trial court’s denial of the motion to set aside the settlement agreement. In a divorce action, a settlement 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. Cit.” Bridges v. Bridges , 256 Ga. 348, 350 349 SE2d 172 1986. See Gravley v. Gravley , 278 Ga. 897 2 608 SE2d 225 2005. The trial court may exercise its discretion to approve or disapprove an agreement notwithstanding the binding effect of the agreement as to the parties themselves. Hodges v. Hodges , 261 Ga. 843 1 413 SE2d 191 1992.

Arnold v. Arnold

The trial court did not abuse its discretion in refusing to set aside the parties' settlement agreement, which was incorporated in the final judgment.

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