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Fraudulently Induced Marriage Invalidates Pre-Marital Agreement

On September 27, 2018

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In Re Ja D.Y., No. 05-16-01412-CV, Dallas Court of Appeals.  This is a fun one.  When Husband and Wife met, he informed Wife that he had multiple degrees, was a former marine, made $100,000 to $225,000 each year and had for years, and had been married once before.  Prior to marriage the spouses signed a pre-marital agreement.  After the marriage the Wife learned that none of that was true and in fact Husband did not have any degrees, was regularly unemployed, had been married at least twice, and had been dishonorable discharged from the Marines.  She filed for divorce and the Husband asserted that the pre-marital agreement precluded her from being awarded certain property.  The trial Court disagreed and awarded the Wife the property in dispute and found that the Husband fraudulently induced her into marriage.
The appeals Court agreed finding that the trial Court did not abuse it’s discretion in making this finding.

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