Lawrence v. Lawrence

687 S.E.2d 421 (2009)

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Nature of the Case

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Facts

G. Lawson (H) and Angela M. (W) began dating in July 2001. H owned the building where W worked. W was an office worker at the time. After a year and half of dating, the couple moved in together, and they were married two years later. H, a two-time divorcee, was concerned about the financial impact of a third divorce. Thus, throughout the couple's four-year-long courtship, H would raise the issue of entering into an antenuptial agreement. On February 27, 2005, a little over a month before the wedding, the couple executed an antenuptial agreement. H's attorney drafted the agreement. They stated that they both wanted an antenuptial agreement and that they were each aware of the other's financial position and income, a representation included in the agreement. W was given a copy to review with her own attorney if she so desired. W never had it reviewed. They married on April 5, 2005, and separated three years later. H filed a complaint for divorce with a copy of the antenuptial agreement attached. W alleged that the agreement was unenforceable. W took the position that the antenuptial agreement was void because it was not attested by at least two witnesses as required for every 'marriage contract . . . made in contemplation of marriage.' W also claimed there was no disclosure to her of H's income or property prior to the execution of the agreement. The court ruled the agreement was enforceable and W appealed.