Who has the burden of proof when trying to set aside a settlement agreement?
The spouse who is seeking to set aside the agreement has the burden of proof. If a spouse seeks to set aside a settlement agreement on the grounds of undue influence, then she has the burden of showing improper influence. 6. What are the legal remedies if a spouse is successful in voiding a settlement agreement? If a spouse is successful in voiding a settlement agreement then she has equitable remedies. These remedies include reforming the settlement agreement, or rescinding (canceling) the agreement. If the settlement agreement is reformed, the the court will try to improve it by changing the terms. Meanwhile, if the settlement agreement is rescinded the the settlement agreement will be canceled, and they spouses will then be forced to try to negotiate a more fair agreement. 7. Can a marital/settlement agreement be modified? For many divorced spouses once their divorce settlement is finalized they will never see or speak to their ex-spouse again. In many cases, there are no legal obli
