The court accepted the husband by imposing the agreement. As a result, the court ordered the husband to pay his wife a lump sum payment of $90,000, which is the $10,000 agreed for each year of their marriage. The woman appealed, arguing that the agreement was unenforceable because of its unacceptable nature. After several years of marriage, the woman sought divorce because she accused of adultery, cruel treatment and an irretrievably broken marriage to seek alimony and an equitable division of property. The husband responded and contradicted the divorce, including a request for the marriage agreement. The woman in Mallen made a number of arguments in favour of non-application. First, she argued that she had been unfairly incited to enter the marriage agreement by telling her, “It was only a formality and he would take care of her.” Second, the wife argued that the agreement was not applicable, since the financial report attached to the agreement should not mention the husband`s income. Third, the woman argued that she entered into the agreement under duress because she was pregnant and unmarried. Finally, the woman argued that it was unfair to apply the agreement, given that the facts and circumstances have changed considerably since its execution by the parties. In fact, the man`s fortune had increased by $14 million during the Mallens` wedding. This may seem unromantic, but more and more couples are now entering into marital agreements or even post-marital arrangements if they deem it necessary and in an effort to prevent or minimize divorce proceedings in the event of marriage dissolution. A marital agreement can provide much-needed rest, especially if you are entering into a second marriage or if you or your spouse enter into marriage with a considerable fortune. An experienced lawyer can help smooth out the process of creating one and make sure it is performed properly.
The application of an anti-independence agreement is “a matter of public order.” 1 In deciding whether to implement a cancellation agreement, the court has the power to “approve all or part of the agreement or to refuse it as a whole.” 2 Therefore, we assess a court`s decision on the enforceability of an enforcement agreement under “the known abuse of discretionary audit standards.” 3 And under this standard, we check “the legal stocks of the De de court, and we confirm the court`s factual findings until they are clearly wrong, which means that there is evidence in the record to support them.” 4 While it may seem difficult to compare the institution of marriage with a trade agreement, Georgian courts consider that marital agreements are treated like any other treaty. Like other contracts, agreements can be applied against a reluctant party; they may also be invalidated if a party has not been assessed for all potential risks associated with errors or fraud. 12. See page v. Sides, 290 Ga. 68, 69 (1), 717 S.E.2d 472 (2011) (on the grounds that the parties` matrimonial agreement was binding, although the agreement itself did not require that actual financial disclosure documents be attached to the agreement, as counsel for the parties signed certificates indicating that they were fully discussing all the terms of the agreement with their clients and that the wife had a large disparity between the husband`s income and her clients. Marriage; Lawrence, 286 Ga.