Mallen v. Mallen

Because I disagree with the majority’s conclusion that the parties’ prenuptial agreement is valid, I dissent.

*49Decided November 21, 2005. Warner, Mayoue, Bates, Nolen & Collar, Edward E. Bates, Jr., Andrea M. Dyer, for appellant. Davis, Matthews & Quigley, Richard W. Schiffman, Jr., Kurt A. Kegel, for appellee.

In Scherer v. Scherer,2 this Court held that a prenuptial agreement is unenforceable if there was a “nondisclosure of material facts” when the agreement was entered. Thus, under Scherer, parties entering a prenuptial agreement have a duty to disclose material facts even absent the…