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What is Collusion?

Updated on January 13, 2010

Collusion, in law, is an agreement between or a concert of action by two or more persons. The term usually connotes fraud and secrecy. It is often defined as an agreement to defraud another person of his rights by the forms of law or to obtain an object forbidden by law. Collusion is less inclusive than, but substantially the same as, conspiracy.

In judicial proceedings there is- collusion where two or more persons, apparently in an adversary position in relation to each other, improperly conspire to defraud or to injure another person or to deceive the court. However, a proper act of cooperation or common effort by persons having similar or identical interests does not constitute collusion.

In the law of divorce, collusion is a conspiracy of a husband and wife to suppress evidence, to present false or manufactured testimony, or for one of them to commit or appear to commit an act in order to lead the court to grant a divorce. The mere fact that both parties desire to obtain a divorce is not of itself collusion.


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