37: 2-38 (c) if before performance the party: On the other hand, a marriage contract with a clause punishing adultery with a fine of $50,000, may theoretically violate a party`s freedom of association, but a court would probably uphold this clause because society in general does not like adultery. ORDERS that the court have rendered a summary judgment finding that the marriage contract of the parties is enforceable, unless ordered; and the fact is that, for the first time in 1982, the Georgian courts weighed the question of the enforceability of marriage contracts. The fundamental case on the question of the enforceability of marriage contracts is found in Scherer v. Scherer, the court affirming that the waiver of attorney`s fees in the marriage contract is not applicable due to the significant difference between the income and property of the parties. Kessler v. . .