MALLEN V. MALLEN
622 S.E.2d 812 (2005)
NATURE OF THE CASE: W sought review of a holding that enforced a prenuptial agreement.
FACTS: W and M had lived together unmarried for about four years when W got pregnant in
1985. While she was at a clinic to terminate the pregnancy, H called to ask her not to have
the abortion and to marry him, to both of which requests she agreed. A few days later, nine
or ten days before their planned wedding, H asked W to sign a prenuptial agreement prepared
by his attorney. W took the agreement to an attorney whom she claims H paid, who advised her
that he did not have time to fully examine it in the days remaining before the wedding. W
did not consult another attorney or postpone the wedding, but spoke and met with H and his
counsel about the agreement more than once. She agreed to sign it after a life insurance
benefit was increased and the alimony provisions were modified to provide for increases for
each year of marriage. W would receive a basic alimony amount to be adjusted for the number
of years of marriage, and assets would belong to whomever owned the property originally or
received it during the marriage. W had a high school education and was working as a
restaurant hostess, while H had a college degree and owned and operated a business. W had a
net worth of approximately $ 10,000 and H's net worth at the time of the agreement's
execution was at least $ 8,500,000. H's net worth, as of 2002, appeared to be approximately
$ 22,700,000. After 18 years of marriage and the birth of four children, H filed an action
for divorce in 2003 and sought to enforce the prenuptial agreement. The agreement was
enforced and W appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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