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Mallen v. Mallen

Supreme Court of Georgia
622 S.E.2d 812 (Ga. 2005)


Catherine Mallen (defendant) and Peter Mallen (plaintiff) lived together for four years. Catherine and Peter decided to marry. Peter presented Catherine with a prenuptial agreement, but stated that the agreement was merely a formality and that he would always take care of her. Peter’s business interests were listed in the agreement, but his income was not. Peter’s net worth at the time of the agreement was $8,500,000. Catherine signed the agreement, and Catherine and Peter married. Peter filed a petition for divorce and sought to enforce the prenuptial agreement. Peter’s net worth at the time of divorce had increased to $22,700,000. Catherine argued that the agreement was unenforceable for a number of reasons, including: (1) fraud because of Peter’s formality statement, (2) duress because the marriage would not have happened if Catherine had not signed the agreement, (3) nondisclosure of Peter’s income, (4) unconscionability, and (5) change of circumstances rendering the agreement unfair. The trial court granted Peter a divorce and enforced the prenuptial agreement. Catherine appealed.

Rule of Law


Holding and Reasoning (Benham, J.)

Dissent (Sears, C.J.)

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