What type of defenses can a person raise to try to set aside a separation agreement?
A person has many defenses that he/she can raise to try to set aside a separation agreement. One defense is inadequate consideration. A spouse can argue that the separation agreement is not a fair distribution of the marital assets. Another defense is that the separation agreement is unconscionable. This means that the terms of the separation agreement were manifestly unfair and dictated by a dominant spouse. An unconscionable separation agreement is one that no man or women in their senses would make, and which no fair or honest person would accept. A spouse who seeks to set aside a separation agreement on the grounds of unconscionabilty must prove that the agreement was the product of a bargaining disparity. A person must also prove that the terms of the separation agreement are unfair and that it was made under compulsion. Another ground to void a separation agreement is the concept of duress. A spouse can allege that she was coerced into signing the separation agreement. Duress can
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