Invalidating divorce in va


05-Nov-2019 21:09

If the groom hands the contract and a pen to the bride just before she says, "I do," the agreement is probably invalid. Invalid Provisions: Although a premarital agreement can cover just about any financial aspect of the parties' relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce.

Any other provisions of the agreement that violate the law would also be invalid.

The Florida appeals court held that his allegations, if proven, would amount to extrinsic fraud so as to justify relief from judgment. A strongly worded dissent asserted that the majority decision would "open the floodgates" for further judicial review of domestic relations cases previously thought to have been settled.

After the parties' marriage was dissolved, the husband sought relief from the judgment, claiming that he agreed to the settlement only because the wife threatened to turn him in to the Internal Revenue Service for falsifying his tax returns to evade federal income tax.

Getting Legal Help with Your Premarital Agreement A premarital agreement can help you feel secure that your assets will be protected in the event that your marriage doesn't work out.

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A settlement agreement will only be set aside for fraud if assets could not reasonably have been discovered before judgment, the court said. E.2d 1217 (1993) (no fraud; no reasonable reliance where each spouse was represented by counsel); Wise v. What if the spouse seeking relief did not have counsel in the dissolution proceedings? But other cases suggest that the lack of independent legal advice is frequently an important factor that may influence the court's decision about fraud. 237, 683 P.2d 493 (1984) (concluding that husband's failure to disclose assets constituted extrinsic fraud, court emphasized that husband and wife were represented by same attorney). Procedural avenues for relief from judgment could include a motion for relief under a state counterpart to Fed. For example, Indiana's high court held that a wife could not file an independent action against her former husband's estate seeking damages because of his alleged fraud in withholding information from her concerning his net worth.

But if the agreement is so grossly unfair that one party would face severe financial hardship while the other prospered, the court is unlikely to enforce it.

Basically, "unconscionable" contracts are generally found invalid, and premarital agreements are no exception.

E.2d 126 (1986) (property division provisions of decree should be vacated for fraud, where husband had represented that he only had a small amount of cash and did not disclose that he had an ,000 savings account, as well as an interest in a substantial checking account with his business partner). For example, Indiana's high court held that spouses do not have a duty to make a spontaneous disclosure about the value of marital assets. But it did add a caveat: a duty to disclose asset value information may arise from unique factual circumstances, such as a discovery request for such information or an express provision in the parties' settlement agreement. 1984) (husband's alleged misrepresentations about his net worth in a financial affidavit could not be characterized as extrinsic fraud); Bodine v. But substantial authority supports the opposite view that is, that misrepresentation of property values amounts to fraud so as to support an attack on the judgment. The proof demonstrated intrinsic fraud, the court decided, observing that the wife did not have to base her claim on extrinsic fraud since she had filed her motion within one year of entry of the dissolution judgment. The court explained that the doctrine that equity will not aid the negligent does not apply when the fraud consists of a positive representation intended to induce the allegedly negligent conduct which then results. 1993) Some courts have analyzed the reliance issue in terms of whether the particular spouses still had a confidential or fiduciary relationship at the time of the alleged misrepresentations.

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E.2d 942 (1986) (husband's alleged concealment of assets would not constitute a fraud on the court so as to justify vacating property provisions of divorce decree); Chapman v. 1984) (concealment of assets constitutes intrinsic fraud and thus does not invalidate property division); Johnson v. 382, 730 P.2d 1221 (1986) (husband's allegedly false testimony regarding whereabouts of money constituted intrinsic fraud and therefore could not support wife's motion to vacate). As a general rule, fraud is more difficult to establish in the case of misstatements about asset values than in the case of concealment of assets. Recognizing a spontaneous duty of disclosure would place attorneys in a difficult and possibly unethical situation, the court also observed. 1988) (wife failed to establish fraud sufficient to warrant setting aside divorce judgment despite proof that husband knowingly understated property values during settlement negotiations, where she did not show that he failed to disclose information essential for her to arrive at an independent valuation of property); Ratarsky v. Johnson, supra , (alleged undervaluation of ranch was not extrinsic fraud). Similarly, a Missouri appeals court approved a trial court's decision to set aside a dissolution decree in view of evidence demonstrating that the husband misrepresented the value of his interest in an investment company. Other courts, without adopting a blanket rule on the issue of reliance, have held that the spouse seeking relief in the particular case on appeal was entitled to rely on the other spouse's representations. Hewlett, supra , the court rejected the husband's argument that the wife had ample opportunity to make her own valuations and was negligent in not doing so. Part I focuses on the accused spouse and examines what conduct may be characterized as fraud. Other courts have listed the same basic requirements albeit in slightly different wording. For example, counsel might take the position that the alleged misrepresentation was one of opinion rather than fact.