Denial of wife’s motion for partial summary judgment, REVERSED, in parties’ divorce case, as trial court erred in finding that parties’ antenuptial agreement was enforceable under OCGA 19-3-63 because it was not signed by two attesting witnesses; agreement constituted marriage contract, entered into in consideration of marriage, which must be attested by at least two witnesses, rather than agreement in contemplation of divorce, because agreement waived each spouses’ rights in others property and did not mention either divorce or alimony.

From:  Fulton County Daily Report (10/09/09)

Sullivan v. Sullivan, S09A0928 (09/28/09), 09FCDR 3046

Attorneys: Martin L. Fierman, Jeremy A. Moulton

Judges:  William A. Prior Jr., Morgan Superior Court;  Supreme Court of GA:  Carley