Mindy Hiers appeals from a grant of summary judgment in favor of Donald Vance Hiers, a “caveator” who objected to Mindy’s application for Year’s Support from the estate of Donald L. Hiers under OCGA § 53-3-1 et seq .1 In the order appealed, the Superior Court of Brooks County2 held that the prenuptial agreement entered into between Mindy Hiers “wife” and Donald L. Hiers “husband” was valid, binding, and enforceable. The court also found that the wife’s acceptance of a $5,000 bequest from her husband’s will in lieu of a year’s support, her failure to oppose the prenuptial agreement prior to her marriage, and her acceptance of the marriage and its benefits, ratified the agreement and waived her right to contest the validity of the prenuptial agreement and seek a year’s support. Finding no error, we affirm. The record reveals the following undisputed facts. Husband and wife were married in Florida in 1994. The husband was 51; the wife, 43; and the marriage was the second for both. Prior to marrying, the couple met with a lawyer in Florida about entering into a prenuptial agreement. The wife had an opportunity to ask the lawyer questions, but did not. The attorney, however, advised the wife not to sign the agreement. Instead of making further inquiry, the wife executed the document later that day in the presence of witnesses, and her signature was notarized. She admitted that no one forced her to sign.
The wife deposed that she knew her husband would not marry her unless she signed the prenuptial agreement. She understood the agreement provided that, in the event of a divorce, she would receive only $5,000. She also understood that she would only inherit $5,000 from her husband upon his death, as provided for in his will, and that her bequest was also governed by the prenuptial agreement. The wife admitted she had the opportunity to read the agreement, but chose not to do so. She deposed that she signed the agreement of her own free will, and that her husband did not coerce her. There is no evidence that the wife made any inquiry into her husband’s financial condition prior to signing the prenuptial agreement, that she read his financial statements, or that she relied on the statements. There is some evidence that the financial statements were attached to the prenuptial agreement as an exhibit. The wife contends she did not need to inquire into her husband’s finances because she trusted him and relied on his promise that he would take care of her financially, that she had “nothing to worry about.”
