Murray v. MurrayAnnotate this Case
The Georgia Supreme Court granted an interlocutory appeal to address whether the trial court erred when it denied enforcement of the parties’ post-nuptial agreement. In 2014, Brenda Murray (Wife) initiated divorce proceedings against Gary Murray (Husband). The parties, who had been married for approximately 34 years, began discussing the prospect of divorce several months prior. Though Husband indicated his desire to divorce, Wife wanted to save the marriage and, to that end, wrote Husband a letter of apology renouncing her rights in the marital estate. Wife claims that she wrote this letter at Husband’s behest and that its terms reflected what Husband wanted it to say. Husband subsequently engaged counsel to draw up a formal post-nuptial agreement providing for the disposition of the couple’s marital property upon dissolution of the marriage by divorce or death, which was favorable toward Husband. The parties signed the Agreement on June 5, 2014. Several months after the Agreement was executed, and following unfruitful attempts at marriage counseling, Wife filed for divorce in October. Husband moved to enforce the Agreement, and Wife objected, claiming that Husband had induced her to sign the Agreement with the promise that he would tear it up as soon as she signed it, making her believe her execution of the Agreement was merely a symbolic gesture of love and devotion that would have no practical effect. Husband, on the other hand, contended that he merely promised to destroy the Agreement if and when he “was comfortable they were in love again.” Following a hearing, the trial court denied Husband’s motion, finding the Agreement unenforceable. After review of the trial court record, the Supreme Court found the trial court properly found that the postnuptial agreement was unenforceable and affirmed.