Can Agreements for Property Division Be Set Aside

Agreements for property division can be set aside under specific circumstances. In this article, we will explore the situations where an agreement for property division might be declared invalid and the steps that parties can take if they find themselves in this situation.

Firstly, it`s essential to understand that agreements for property division are typically binding and enforceable. However, several factors could result in an agreement being set aside. One such factor is a lack of consent. If one of the parties has been coerced or pressured into signing the agreement, it could be declared invalid. Additionally, if the agreement was signed under duress, such as threats or intimidation, it may also be set aside.

Another reason an agreement might be set aside is if one party didn`t disclose all of their assets and liabilities. Full and honest disclosure is essential in property division agreements. If one party withheld information about their financial situation, it could invalidate the entire agreement.

A lack of legal representation during the negotiation of the agreement is also a factor that could render an agreement invalid. If one party did not have access to legal counsel or did not understand the terms of the agreement, a court might rule the agreement as unconscionable and set it aside.

Finally, if circumstances have changed significantly since the agreement was signed, it might be set aside. For example, if one party experiences a significant change in their financial situation, the court may find that the agreement is no longer fair or reasonable.

If a party wishes to have an agreement for property division set aside, they will typically need to file a motion in court. The court will then review the agreement and any supporting evidence provided by both parties before making a decision. It`s important to note that the burden of proof is on the party seeking to set aside the agreement.

In conclusion, while agreements for property division are generally binding and enforceable, they can be set aside under specific circumstances. Parties who believe they have grounds to have an agreement set aside should consult with an experienced family lawyer to determine their options and the likelihood of success. It`s essential to act quickly as there are time limits in place for challenging agreements.