CAN MY PROPERTY SETTLEMENT AGREEMENT BE REOPENED IF MY SPOUSE MADE MISREPRESENTATIONS?

As with most situations in the law, the answer depends upon the facts. Misrepresentations made during the course of a divorce or legal separation may constitute fraud upon the court or fraud upon the other party.

Was your spouse’s fraudulent conduct outside of the trial or upon the defeated party in such a manner that the defeated party is prevented from appearing or presenting fully and fairly their side of the case? If so, then the fraud is not subject to a one-year limitation.

Was the fraud the presentation of perjury or falsified evidence, clearly a fraud upon the court? If so, then the fraud perpetrated in the courtroom or through testimony under oath is subject to a one-year limitation.

For a more complete description, see Terwilliger v. Terwilliger, 64. S.W.3d 816 (Ky. 2002)

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