Fraud or Misrepresentation in Marriage

Fraud or misrepresentation occurs when one spouse knowingly lies or conceals important information that affects the foundation of the marriage. In tort law, this is viewed as intentional deception resulting in harm to the other party. The injured spouse may pursue legal action to recover damages caused by the fraudulent behavior.

Examples of acts that fall under fraud or misrepresentation

• Concealing financial information: Hiding significant debts or financial obligations before marriage.
• False identity: Using a fake name or hiding a criminal record to deceive the other spouse.
• Dishonesty about marital status: Claiming to be single when one is already married.
• Fabricated intentions: Pretending to want children or marriage permanence when the true intention is the opposite.

Real Case Example

In Cowan v. Cowan, a spouse concealed significant debt from the other before marriage, leading to financial hardship after they were married. The court recognized that the deception constituted fraud and granted damages to the injured party.

Possible Judgment

If fraud is proven, the court may award:

• Compensatory Damages: To cover the financial and emotional harm caused by the deception.
• Annulment: If the fraud renders the marriage voidable, the court may annul the marriage.
• Punitive Damages: If the deception was particularly egregious, the court might impose punitive damages to deter similar behavior.

Take Home:

For potential victims of fraud or misrepresentation in marriage

• Be thorough in understanding your partner’s background before marriage.
• Seek transparency in discussions about finances, health, and past relationships.
• If deception occurs, gather evidence (documents, witness testimony) and consult a lawyer.

For potential perpetrators fraud or misrepresentation in marriage

• Understand that deception in marriage can have severe consequences. Be honest and forthright about critical matters to build a solid foundation of trust.
• Seek counseling or financial planning support if there are issues you feel uncomfortable discussing.

For Everyone

• Open communication and honesty are key pillars of a healthy marriage. Share information early and often to prevent misunderstandings or resentment.
• Approach sensitive topics with empathy and mutual respect.
• Investigate your would be partner well before going into the relationship or marriage to avoid getting duped.