A nuptial agreement may be set aside or given reduced weight by the court if it was entered into based on misrepresentation. This occurs when one party makes a false or misleading statement that influences the other party’s decision to sign the agreement.
Misrepresentation can be:
Regardless of intent, if the misstatement was material to the formation of the agreement, the court may decide not to enforce it.
Courts assess whether the misrepresentation:
Even if the agreement is not entirely set aside, the court may adjust the financial award to reflect the misleading conduct.
If you have entered into a nuptial agreement with your spouse but believe they may have made false or misleading statements affecting your decision, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.
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