Challenging a separation agreement

• If a party failed to disclose all their significant assets or debt and the court determines that proper financial disclosure was not made;
• If a party failed to understand the nature or consequences of the separation agreement;
• If a party did not have independent legal advice before signing the separation agreement;
• If the court finds that the terms in the separation agreement are unfairly one-sided or unjust, namely unconscionable;
• If a party was forced or coerced into signing the separation agreement;
• If one party improperly influenced the other’s decision to enter into the separation agreement;
• If a party made false statements or intentionally concealed information during the negotiation process;
• If there was a genuine and significant mistake by one or both parties about a fundamental aspect of the separation agreement;
• If the separation agreement was not signed or witnessed;
• If the separation agreement deals with child-related issues, the court will prioritize the best interests of the child and may set aside provisions in a separation agreement that are deemed not to be in the child’s best interests;
• In some cases, a separation agreement may be set aside if it goes against public policy or is otherwise deemed harmful to society.

It is important to hire experienced counsel to draft your separation agreement to ensure that none of the above issues come to light in the future. Contact Melekhovets Law today to learn more about separation agreements and other domestic contracts.