At issue in this appeal from a judgment and decree of divorce is the trial court’s decision to enforce a prenuptial agreement between the parties. Catherine Wife and Peter Husband Mallen had lived together unmarried for about four years when Wife got pregnant in 1985. While she was at a clinic to terminate the pregnancy, Husband 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, Husband asked Wife to sign a prenuptial agreement prepared by his attorney. Wife contends Husband told her the agreement was just a formality and he would always take care of her. She took the agreement to an attorney whom she claims Husband paid, who advised her that he did not have time to fully examine it in the days remaining before the wedding. Wife did not consult another attorney or postpone the wedding, but spoke and met with Husband 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. The agreement provided that in the event of a divorce, Wife 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. At the time the agreement was executed, Wife had a high school education and was working as a restaurant hostess, while Husband had a college degree and owned and operated a business. Wife had a net worth of approximately $10,000 and Husband’s net worth at the time of the agreement’s execution was at least $8,500,000. The record shows that Husband’s net worth, as of 2002, appeared to be approximately $22,700,000. After 18 years of marriage and the birth of four children, Husband filed an action for divorce in 2003 and sought to enforce the prenuptial agreement. The trial court held the prenuptial agreement enforceable and incorporated that holding in its final judgment, ruling in accordance with the agreement that 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 and all assets accumulated during the marriage. This appeal is from that judgment.1 Three factors are to be considered in deciding the validity of a prenuptial agreement: “1 Was the agreement obtained through fraud, duress or mistake, or through misrepresentation or nondisclosure of material facts 2 Is the agreement unconscionable 3 Have the facts and circumstances changed since the agreement was executed, so as to make its enforcement unfair and unreasonable” Scherer v. Scherer , 249 Ga. 635 3 292 SE2d 662 1982. “Whether an agreement is enforceable in light of these criteria is a decision made in the trial court’s sound discretion. Cit.” Alexander v. Alexander , 279 Ga. 116, 117 610 SE2d 48 2005.
1. With regard to the first factor, Wife claims the agreement is infected with fraud, duress, and nondisclosure of material facts.
