Ga Settlement Agreement
September 21, 2021
Divorce agreements, which are agreements concluded before the commencement of divorce proceedings to settle issues relating to maintenance, distribution of property, custody, maintenance of children and visitation, are also valid in Georgia. Once a divorce agreement is part of the Court`s final judgment and divorce decision, it is binding until it is amended by the court by a subsequent order. Most of the provisions of a divorce agreement can be changed by the parties by a subsequent written agreement and ordered by the court. An amendment to a divorce contract can also be filed as litigation if the parties fail to reach an agreement. The husband and wife acknowledge that everyone entered into this agreement in good faith and without coercion or undue influence. Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to obtain independent advice prior to the signing of this agreement. Although courts in general allow settlement agreements between the parties, Georgian courts have the power to authorize or reject (in whole or in part) settlement agreements concluded by the parties to a divorce. See page v. Pages, 281, 155 (2006) and Jones v. Jones, 280 ga.
712 (2006). For example, a court may deny a settlement agreement that totally denies a parent to date the children because the absence of a parent from the children`s lives is unlikely to serve the well-being of the children. For more information on custody, see our section on custody. See in particular our article entitled “Determining Custody of Children: The Best Interests of the Child”. Once the Tribunal has approved the settlement agreement, the Tribunal will make the agreement a part of its final judgment and divorce order….