dissenting.
I dissented in Smith v. Smith, 230 Ga. 238 (196 SE2d 437) (1973), because I did not think that the error or omission was a clerical mistake in a judgment that could be corrected by the court pursuant to Code Ann. § 81A-160 (g). The error or omission in that case occurred in a contract between the parties that had been incorporated in a judgment of the court. In fact, the majority there said that the omission occurred "by mutual mistake of the parties.” I do not subscribe to the view that a mutual mistake made by the parties to a property settlement and alimony contract, later incorporated by reference in a divorce judgment, can be cured or rectified by a mere motion, filed over five years after the date of execution of the contract, to correct the judgment rendered in the divorce case.
In this case the motion to correct attempted to add to the judgment a paragraph that had been allegedly omitted from the contract by inadvertence.
The contract made by the parties, and incorporated by reference in the divorce judgment, provided in part: "The wife acknowledges that the provisions herein made for support and maintenance and for the support, maintenance and education of the said minor children are fair and adequate and reasonable and satisfactory to her. Accordingly, the wife accepts the same in lieu of and *40in full settlement and satisfaction of all claims and rights that she may now or hereafter have against the husband for her support and maintenance and for the support, maintenance and education of the minor children, subject only to the provisions for modification hereinafter provided.
"Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which each of them ever had, now has or may hereafter have against the other, upon and by reason of any matter, cause or thing up to the date of the execution of this agreement.
"Except as otherwise herein expressly provided, no modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
"This agreement constitutes the entire understanding between the parties, and there are no representations or warranties other than those expressly provided herein.
"Both parties hereto expressly agree that this contract may be made a part of and incorporated into any final judgment and decree of divorce that may be rendered in the above-styled matter.”
There is no provision in the contract for modification of support or alimony for the wife except such modification as may be in writing and signed by both parties.
This contract was executed by the parties on February 21,1968, and it is a valid and binding contract. Until the contract itself is set aside, modified, or reformed through court proceedings, either party can rely upon the contract as binding.
In Ferris v. Ferris, 227 Ga. 465 (181 SE2d 371) (1971), this court held that by reason of an agreement between the parties that settled in full all claims of the wife for alimony, the former wife was estopped from seeking a revision of the decree pursuant to our modification *41statute, Code Ann. § 30-220 et seq., so as to increase the monthly payments of support.
This court has consistently taken the position that where the parties in such a situation waive future modification by their contract, modification is not permitted. The procedure pursued in the instant case, a mere motion to correct a judgment because of an alleged clerical omission, is nothing more than an attempt to circumvent contract law heretofore adhered to.
I think the appellee in the present case is relegated to an action to reform the contract between the parties because of a mutual mistake. I do not think that facts set forth in this record authorize the correction of a judgment because of a clerical mistake or omission in the judgment pursuant to Code Ann. § 81A-160 (g).
Since I did not join the majority in Smith, and since I cannot join the majority here, I respectfully dissent.