Walker v. Walker

Duckworth, Chief Justice.

An exception to the general rule as to contracts of an infant, under the age of 21 but of the lawful age to marry, is to make marriage contracts and settlements binding as if made by adults. Code, § 20-204. However, the exception above applies only to prenuptial contracts and settlements and not to a contract such as here, in which the infant wife voluntarily relinquishes her parental control of her child to the father during their separation but without a decree of court thereon. Sellers v. Sellers, 160 Ga. 516 (128 S. E. 659). Marriage does not remove the…