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Many a spouse winds up feeling cheated after the dust settles which was raised by the marriage dissolution proceedings. E.2d 867 (1981) (no relief for a "misunderstanding of the facts"; instead, evidence to support a petition based on fraud must establish that husband made the representation knowing it was false); Davidson v. Another approach would be to characterize any misrepresentation or omission as a mistake or oversight made without intent to deceive. Extrinsic fraud is usually characterized as fraud on the court, while intrinsic fraud is the less serious evil of fraud committed against a party. ___, 862 P.2d 1128 (1993) (failure to disclose pension to the trial court did not rise to the level of extrinsic fraud upon the court, where wife herself knew about pension and was represented by counsel); Lee v. The court adopted a broader definition of fraud on the court: an intentional course of material misrepresentation that misled the court and counsel and made the property settlement grossly unfair.
In particular, the economically dependent spouse may begin to question whether the settlement was a good one and whether the other spouse may have held back vital information about the existence or value of marital assets. 761, 627 A.2d 452 (1993) (fraud not proven; husband claimed wife falsely portrayed her financial status by omitting an expected settlement award, but at the time of dissolution wife was not aware that she would receive any additional payments); In re Marriage of Mc Bride , 102 Ill. In most cases, the concealment or misrepresentation is not discovered within a short time, and thus the spouse seeking to set aside a property needs to prove extrinsic 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.
Most courts have held that a spouse's failure to divulge the existence of an asset to the other spouse constitutes extrinsic fraud. As a matter of policy, "a court should be particularly cautious about making subjective judgments which aid the conspirators in giving effect to their fraud and as a practical matter ratify the fraud." Von Pein v.
Along the same lines, a New Jersey appeals court held that in the face of a record that showed purposeful fraud, deceit, and concealment by the husband, the wife's failure to discover the true facts could not be characterized as neglect. The court added, however, that a spouse may have a fiduciary duty to disclose property, even if the parties' confidential relationship has ended, if that spouse has sole control over an asset and the other party has no knowledge of the asset.
However, prenups have to be done right in order to be valid in your state.
The court in Selke rejected the argument that such disclosure is necessary to permit the court to accomplish its statutory duty to divide property in a just and reasonable manner. Ratarsky, supra (no extrinsic fraud where husband disclosed existence of life insurance policies but not their cash surrender value, and wife's attorney did not ask about their value or examine the policies). E.2d 55 (1993) (existence of a special relationship that imposes a continuing duty of trust in settlement negotiations depends on the specific facts of each case). The fact that the spouse seeking relief was represented by counsel in the dissolution proceeding has been cited as evidence that the spouse did not rely on the misrepresentations, or that the spouse's reliance was unreasonable. Despain, supra (no reasonable reliance because wife was represented by able counsel). 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.You can even agree that your spouse gets all of the property and you get all of the bills, if that is what you want to do.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.If you and your future spouse are considering a premarital agreement, you may want to consult with a local family law attorney to make sure it's in compliance with the laws of your state.