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:
(1) Was the agreement obtained through fraud? Why or why not?
(2) Was the agreement obtained through duress? Why or why not?
(3) Was the agreement obtained through nondisclosure of material facts? Why or why not?
(4) Was the agreement unconscionable? Why or why not?
Make sure you include a definition with page references to the eText for each of these terms.
You must post an original comment of 150-250 words with citation to sources use
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