Invalidating divorce in va
It should not be surprising, therefore, that a great deal of postjudgment motions are filed seeking to set aside or reopen the decree. 1993) (husband's alleged statements to wife that his financial condition was bad and that she would receive all he could afford were mere expressions of opinion). But the outcome in these proceedings is often difficult to predict. Alternatively, if the proof supports it, counsel might argue that his client did not know, or have reason to know, that the representations were false. 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. Part II focuses on the accusing spouse and examines the issue of due diligence and reliance, as well as the impact of a lack of independent legal advice. The party attempting to set aside a decree on the ground that it was procured by fraud must make the usual showings required for fraud. Prenups can be a great tool for couple to use if they are thinking of getting married.A prenuptial agreement can help you establish the financial rights of you and your spouse in unfortunate event of a divorce including protecting a family business, or securing your personal assets. For example, an Illinois appeals court held that a husband did not commit fraud by failing to disclose a profit-sharing plan, where he did not intend to deceive the wife and she could have discovered information about his financial status on her own but failed to do so. 1989) (property settlement not voidable merely because one spouse was not represented by counsel). According to one view, a motion in the dissolution action is the only mechanism for seeking relief based on fraud.
If one prospective spouse provides the other with information that is not true, the agreement is invalid. Incomplete Information: Failing to provide pertinent information is as bad as providing false information, and it renders a premarital agreement unenforceable. No Independent Counsel: Because their separate interests are at stake, both parties to a premarital contract should (and in some states must) be represented by their own attorneys, or the agreement will not be enforced. Unconscionability: It's true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse's death, even if he or she left you out of a will.You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do.