Question

Catherine (wife) and Peter (husband) Mallen had lived together unmarried for some four years when Catherine got pregnant and a marriage was arranged. Peter asked Catherine to sign a prenuptial agreement. Although his financial statement attached to the agreement did not state his income at $560,000 per year, it showed he was wealthy, and she had lived with him for four years and knew from their standard of living that he had significant income. Catherine contends that failure to disclose Peter’s income was a nondisclosure of a material fact when the agreement was drawn up and that accordingly the agreement is not valid. Peter contends that he fully disclosed his net worth and that Catherine was well aware of his significant income. Further, he contends that disparities in the parties’ financial status and business experience did not make the agreement unconscionable.

Please answer ALL of the following questions in your discussion:

Was the agreement obtained through fraud?

Was the agreement obtained through duress?

Was the agreement obtained through nondisclosure of material facts?

Was the agreement unconscionable?

Answer 1

Answer:-

1)

The agreement was acquired through misrepresentation as Peter had erroneously spoken to his salary and not given total subtleties. It was basic for Peter to unveil his riches and budgetary status effectively. At that point the agreement could have been considered very precise and legitimate.

2)

In spite of the fact that the agreement was done through bogus portrayal of realities, there was no association of duress or weight on either Catherine or Peter to consent to the arrangement.

3)

Peter didn't unveil insights regarding his riches and money related status adequately. He had made an incomplete revelation about the equivalent. Consequently it very well may be construed that the agreement was gotten through non-divulgence of material realities.

4)

In my perspectives, the agreement was no unconscionable or preposterous. There are different couples who first consent to a pre-matrimonial arrangement and afterward get hitched. Consequently, if Peter requested that Catherine go into a pre-matrimonial agreement, it can't be viewed as outlandish.

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