What do you do if you find out that
your spouse lied to induce you to marry? What do you do if your
spouse married you just to get your money? What do you do if your
spouse lied to get you to marry for immigration status? What if you
find out your marriage was based on fraud and deceit? One woman,
after she discovered that her husband lied about loving her got an
annulment and then sued him for damages for the fraud and deceit
under a cause of action called “Fraudulent Inducement.”
Fraudulent inducement is a cause of
action that occurred in an era when divorce was uncommon and only
granted on particular fault grounds. Since Massachusetts created no
fault divorce the number of annulments in the state has dropped and
it is extremely rare to find a person suing for fraudulent
inducement. However, in the recent case of Shea v. Cameron the wife sued her former husband for fraudulent
inducement after an annulment. She found out that Fraudulent
Inducement is no longer recognized in Massachusetts.
In 1938 Massachusetts enacted laws that
abolished three old causes of action relating to marriage: Breach of
contract to marry (G.L.c. 207, § 47A), Alienation
of affection, and criminal conversation
(G.L. C 207,§ 47B). The act which abolished these causes of action
was called the “Heart Balm Act.” Heart Balm is a legal phrase
that means compensation for emotion injuries to the heart. In other
words, money can soothe a broken heart. The legislature did not
specifically abolish fraudulent inducement. As a result, Ms. Shea
tried to sue using this old cause of action to get money from her
former husband. She was undoubtedly surprised when the Court
dismissed her action without awarding her any money.
The court held that abolishment of the
tort of breach of promise to marry included other related torts such
as fraudulent inducement. The Court didn't state that there was no
remedy for a scoundrel who lied to induce marriage. The Court held
that a judge in a divorce action has discretion to consider
fraudulent inducement when rendering a divorce judgment. In this
case, Ms. Shea chose annulment over divorce and, in doing so, waived
any rights she had for fraudulent inducement to marry.
If you believe that you were inuced to
marry by fraud then you should consult a divorce lawyer who can
discuss the choice between divorce and annulment.
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