Alan, a 45-year-old successful divorce attorney, and Mary, a 30-year-old family law paralegal who worked in his
Question:
Alan, a 45-year-old successful divorce attorney, and Mary, a 30-year-old family law paralegal who worked in his office, were engaged for a little over a year. During that time they carefully planned their dream wedding together. They agreed on all the details from the date, venue, flowers, music, and food. On the night before the big day, to Mary's surprise, Alan handed her a 10-page document titled "Prenuptial Agreement." Mary asked "what is this honey?" to which Alan responded, "don't worry sweetie, it's just that standard prenup we always give to our clients, just sign right here." Mary replied, "ok, I know you would want the best for me, even if we ever got divorced." Alan then said, "you will get $500,000 for every year we are married, do you like that? "Mary then exclaimed, "Yes! I love you so much, that's more than I ever could have even imagined!" Alan then gave Mary a pen, and she signed it. Alan then said, "don't forget that you can always have another attorney look it over if you want." Mary brushed off the suggestion and said, "not necessary baby, I trust you completely."
Two years go by, and Mary has fallen out of love with her husband and in love with her golf instructor Gary. She has filed for divorce and wants more than the $1,000,000 provided for in the prenuptial agreement; she wants at least $2,000,000 to start her new life with Gary.
What are her chances of being successful in court? Do you think the judge will enforce the prenuptial agreement? Why or why not? What reasons do you think the agreement could be held invalid?