Are there any circumstances in which a separation agreement is invalid altogether?
As with other contracts, a separation agreement is voidable, and subject to “recision” (meaning cancellation or annulment), if it can be shown that it was unconscionable or was obtained through fraud, duress, or undue influence. These are usually difficult to prove. For example, to establish duress there must be a wrongful act which strips the individual of the ability to utilize his or her free will.
