Fox v. Fox

Because the plain language of the parties’ Premarital Agreement indicates that they intended to create an agreement in contemplation of divorce, rather than an agreement in contemplation of marriage, I cannot agree with the majority’s erroneous conclusion that the agreement here was subject to the witness requirements applicable to agreements made in contemplation of marriage. Compare OCGA § 19-3-63 (“Every marriage contract in writing, made in contemplation of marriage,... must be attested by at least two witnesses”) with Lawrence v. Lawrence, 286 Ga. 309, 312 (3) (“[A] contract made in…