Vitiating factors: fraud ======================== There is a general principle that "fraud unravels all", as reiterated by Lady Hale in [*Sharland v Sharland*](https://vardags.com/law-guide/important-divorce-cases/gohil-v-gohil-sharland-v-sharland). This means that the court will generally set aside an agreement if it is satisfied that there has been fraudulent, i.e. intentional, misrepresentation or non-disclosure. Is there a defence to fraud? ---------------------------- Yes - if the perpetrator of the fraud can demonstrate that the fraud would not have influenced a 'reasonable person' to agree, nor would the court have made a significantly different order if it had the relevant information, the court may choose not to set aside the order or agreement. legal precedents on fraud and prenups ------------------------------------- In *Sharland*, the court held that the principle that "fraud unravels all" was applicable to matrimonial consent orders. In [*DB v PB* \[2016\] EWHC 3431](https://www.bailii.org/ew/cases/EWHC/Fam/2016/3431.html), the judge held that the same rule should also apply to [prenuptial agreements](https://vardags.com/law-guide/nuptial-agreements/prenuptial-agreements) (given that there is no legal difference between prenuptial and postnuptial agreements, this is applicable to nuptial agreements in general). **If you have entered into a nuptial agreement but believe your spouse intentionally misled you or failed to provide full disclosure of their financial resources, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Enforcing a nuptial agreement](https://vardags.com/law-guide/nuptial-agreements/enforcing-a-nuptial-agreement "Enforcing a nuptial agreement") [Is your nuptial agreement invalid? The vitiating factors which undermine a contract](https://vardags.com/law-guide/nuptial-agreements/vitiating-factors "Is your nuptial agreement invalid? The vitiating factors which undermine a contract") [Radmacher v Granatino: Making Prenups Enforceable](https://vardags.com/law-guide/important-divorce-cases/radmacher-v-granatino "Radmacher v Granatino: Making Prenups Enforceable") [Vitiating factors: duress and undue pressure in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/duress-and-undue-pressure "Vitiating factors: duress and undue pressure in nuptial agreements") [Vitiating factors: misrepresentation in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/misrepresentation "Vitiating factors: misrepresentation in nuptial agreements") [Vitiating factors: non-disclosure in nuptial agreements](https://vardags.com/law-guide/nuptial-agreements/non-disclosure "Vitiating factors: non-disclosure in nuptial agreements") The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.