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Litigation
Settlement Agreement
A settlement agreement may not be set aside where there is insufficient evidence that the wife repudiated the agreement. Arnold v. Arnold, S07F0763, Supreme Court of Georgia, June 25, 2007.
The parties entered into a settlement agreement. Prior to the entry of final judgment of the divorce, the husband moved to set aside the agreement, arguing that the husband's military retirement income was disproportionately distributed and that child support had been calculated incorrectly. The husband further claimed, inter alia, that the wife had repudiated the agreement because she failed to pay a debt promptly as required under the agreement. The court upheld the agreement. It held that there was no evidence that the wife had misrepresented her financial situation or that the agreement was obtained by fraudulent means. It considered that although the wife did not pay a debt in a timely fashion as required under the agreement, the wife's non-compliance did not constitute a repudiation of the agreement.
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