Friday, November 25, 2005
Georgia joins those states holding that no confidential relationship exists between persons who have agreed to marry. With that standard applied, the Georgia Supreme Court uphelp a prenuptial agreement in which, after 18 years of marriage and the birth of four children, Wife was entitled to $2900 per month in alimony for four years and Husband was entitled to all the assets with which he entered the marriage (approximately $8.5 million) and all assets accumulated during the marriage (another $14 million). The court held that, given no confidential relationship existed between the couple when they executed the agreement, Husband's failure to disclose his income was not fraud. Moreover, his threat not to go through with the marriage even though Wife was pregnant, did not amount to duress.
Mallen v. Mallen, 2005 Ga. LEXIS 815 (November 21, 2005)
Opinion on the web at http://www.gasupreme.us/pdf/s05f0982.pdf (Last visited November 25, 2005 bgf)