When a married couple decides to end their marital relationship, a separation agreement is often signed to divide the property, assets, and determine child custody. However, there may come a time when one or both parties wish to set aside that agreement. This can happen for a variety of reasons, such as a significant change in circumstances or if one party feels that the agreement was unfair or coerced in some way.
To set aside a separation agreement, the parties will need to go through a legal process. It`s important to note that it`s not an easy process, and there must be valid reasons for the agreement to be set aside. Some common reasons that a separation agreement may be set aside include:
1. Fraud or misrepresentation: If one party deliberately withheld information or misrepresented facts during the negotiation of the separation agreement, it can be grounds for the agreement to be set aside.
2. Duress or coercion: If one party was forced into signing the agreement under threat or coercion, it can be set aside.
3. Unconscionability: If the separation agreement is so one-sided that it is unconscionable, it may be set aside. For example, if one party receives all of the assets and the other party receives no support, it may be considered unconscionable.
4. Mistakes: If there was a mistake made during the preparation or signing of the separation agreement, it may be set aside.
To set aside a separation agreement, the party must file a motion with the court and provide evidence to support their claim. The court will then review the evidence and make a decision. It`s important to note that setting aside a separation agreement can be a lengthy and costly process, so it`s important to consult with a qualified attorney and weigh all options before proceeding.
In conclusion, setting aside a separation agreement is not an easy process, and there must be valid reasons for it to be done. If you feel that your separation agreement should be set aside, it`s important to consult with a qualified attorney who can help guide you through the legal process. Remember, it`s always best to approach any legal matter with caution and careful consideration.