Opinion
S89A0343.
DECIDED NOVEMBER 2, 1989.
Divorce, etc. DeKalb Superior Court. Before Judge Shulman, Senior Judge.
John F. Geraghty, pro se.
Gary M. Alembik, Jr., for appellee.
We granted discretionary appeal to determine whether certain language in an alimony agreement was sufficient to accomplish a waiver of the right to seek modification. The language in question is: "The parties herein waive their Statutory right to a modification now and forever."
1. The rule stated in Varn v. Varn, 242 Ga. 309, 311 (1) ( 248 S.E.2d 667) (1978) is:
[P]arties to an alimony agreement may obtain modification unless the agreement expressly waives the right of modification by referring specifically to that right; the right to modification will be waived by agreement of the parties only in very clear waiver language which refers to the right of modification.
2. We find that the provision in question meets the requirements of Varn, as it is "very clear waiver language which refers to the right of modification." Our case of Brenizer v. Brenizer, 257 Ga. 427 ( 360 S.E.2d 250) (1987), is not applicable. There, the agreement nowhere contained the word "waiver." Nor did it refer to any right of modification. At most, it reiterated the general proposition that contracts may be altered only by mutual consent.
The agreement provided: "10. MODIFICATION. The provisions of this agreement shall not be modified or changed except by mutual consent and agreement of the parties, expressed in writing."
Judgment affirmed. All the Justices concur.