Mallen v. Mallen

622 S.E.2d 812 (2005)

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Nature of the Case

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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.