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Corbett v. Corbett

The parties' antenuptial agreement was unenforceable, because the husband failed to disclose his income.

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Charles Corbett appeals from the trial court’s order denying his motion for partial summary judgment seeking to enforce an antenuptial agreement. Finding no error, we affirm. Charles Husband and Eileen Wife Corbett were married in 1987. Three days before their marriage, they entered into an antenuptial agreement which provided, inter alia, that should the marriage dissolve, each would retain their separate property and assets, with each party waiving any and all rights to seek alimony, maintenance, support, inheritance, or intestacy. In signing the agreement, both parties acknowledged that they had read it and had it explained to them by specifically identified independent counsel of their own choosing. The agreement also purported to make full disclosure of the separate property and assets of Husband and Wife as to which both were waiving any current or future claim. Instead, the evidence uncontrovertedly established that Wife had not read the agreement prior to signing it, she did not have an attorney review or explain the agreement, she did not provide Husband a list of her personal property and assets or their estimated value, and she had no knowledge, independent or otherwise, as to the amount of Husband’s income.

After 15 years of marriage, Wife filed for divorce. Husband moved for partial summary judgment seeking to enforce the agreement. The trial judge denied the motion, finding the agreement unenforceable under Scherer v. Scherer , 249 Ga. 635 292 SE2d 662 1982. After a jury trial, at which the agreement was not mentioned, the trial court entered judgment on the verdict and granted the parties a divorce. We granted Husband’s application for discretionary appeal pursuant to this Court’s pilot project. See Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003.

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