Was the agreement entered into voluntarily; Did the parties have the opportunity to have the agreement reviewed by counsel of his/her own choosing; and Was there full disclosure as all assets, liabilities and income?

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Was the agreement entered into voluntarily; Did the parties have the opportunity to have the agreement reviewed by counsel of his/her own choosing; and Was there full disclosure as all assets, liabilities and income?

April 26, 2017Agreement counsel disclosure opportunity Parties reviewed voluntarily

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Was the agreement entered into voluntarily; Did the parties have the opportunity to have the agreement reviewed by counsel of his/her own choosing; and Was there full disclosure as all assets, liabilities and income?

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score 0 · Answer 1 · 2009-04-17T08:19:09+00:00

If these three prongs can be proven, then the burden to set aside the agreement shifts to the other side (with a higher burden of proof) and the primary focus will be on whether the agreement was “unconscionable” at time of enforcement, which shall be determined by the court as a matter of law.

Was the agreement entered into voluntarily; Did the parties have the opportunity to have the agreement reviewed by counsel of his/her own choosing; and Was there full disclosure as all assets, liabilities and income?

1 Answer

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