Can I set aside my separation agreement? Part 2
WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?
Setting aside a Separation Agreement Part 1
Setting Aside a Separation Agreement Part 2
Setting Aside a Separation Agreement Part 3
(b) if a party did not understand the nature or consequences of the domestic contract; or
If a party does not understand the nature or consequences of the separation agreement it may be set aside. Today, this provision has become even more difficult given the requirement of Independent Legal Advice. Many lawyers will not sign off on a separation agreement unless they are satisfied the unrepresented party as sought legal advice.
If both parties were represented by family law lawyers it will be even more challenging for the party to argue they did not understand the nature or consequences of the agreement. Granted, they could have received shoddy advice or the legal advice did not account for a certain omission(s) or error. However, this is not enough to simply have an agreement set aside.
A good lawyer will typically have clauses within the separation agreement that both parties are aware of the nature and consequences of the agreement. Further, that the parties are not under any duress or pressure.
The duress or pressure scenario can always be challenging for the lawyer. Is one party placing undue pressure on another to sign the agreement? Is this undue pressure serious such as, threats to bodily harm? Alternatively, the couple may have put up their home for sale prior to signing the agreement and now at the final hour someone is getting cold feet? Is that undue pressure or is it expected stressors?
As the family law lawyer our job is to use our judgement and inquire into our clients state of mind to ensure they are signing free and voluntarily.
Feel free to browse my articles:
- What is a separation agreement?
- Should I get a separation agreement?
- What is Independent Legal Advice?
FAMILY LAWYER NEAR ME IN BURLINGTON?
Are you looking for a family law lawyer in Burlington or Oakville? Call my office.
My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901
anytime for a free consultation