## Facts

- G. Lawson Lawrence (husband) and Angela M. Lawrence (wife) dated beginning in 2001, later cohabited, and married in 2005.
- Husband, previously divorced twice, repeatedly raised entering an antenuptial agreement before marriage due to financial concerns.
- About one month before the wedding, the parties executed a written antenuptial agreement drafted by husband’s attorney after two joint meetings.
- The parties represented to counsel that they both wanted an antenuptial agreement and that each knew the other’s financial position.
- The agreement was signed by both parties and attested by one witness (not two) and included provisions addressing alimony in the event of divorce.
- After the marriage ended, wife challenged the agreement’s validity and enforceability; husband moved to enforce it.

## Issues

1. Whether an antenuptial agreement signed by the parties and attested by only one witness is void under OCGA § 19-3-63’s two-witness requirement for a “marriage contract” made in contemplation of marriage.
2. Whether the antenuptial agreement was unenforceable due to insufficient financial disclosure by the husband.

## Decision

- The Supreme Court of Georgia affirmed the trial court’s order enforcing the antenuptial agreement.
- The court held the agreement was not void under OCGA § 19-3-63 despite having only one attesting witness.
- The court held the trial court did not abuse its discretion in finding adequate financial disclosure and enforcing the agreement.
- The court applied an abuse-of-discretion standard to enforcement, reviewing legal conclusions de novo and sustaining factual findings supported by some evidence and not clearly erroneous.

## Legal Principles

- A written antenuptial agreement is not automatically void for failing to satisfy OCGA § 19-3-63’s two-witness attestation requirement.
- Enforcement of an antenuptial agreement is a matter of public policy committed to the trial court’s discretion; the court may approve all, part, or none of the agreement.
- On appellate review, factual findings supporting enforcement are upheld if supported by some evidence and not clearly erroneous, while legal conclusions are reviewed de novo.
- Adequacy of financial disclosure may be supported by evidence that the parties cohabited, discussed finances over time, and acknowledged awareness of each other’s financial position.

## Conclusion

The Georgia Supreme Court upheld an antenuptial agreement, ruling that one-witness attestation did not render it void under OCGA § 19-3-63 and that the record supported the trial court’s finding of adequate financial disclosure and its discretionary decision to enforce the agreement.


Lawrence v. Lawrence, 687 S.E.2d 421 (Ga. 2009)