Agreements which impact a family – especially those involving the division of assets or payment of support – are often viewed from the perspective of preserving public policy. For this reason, Courts examine agreements made by the parties to ensure that they are “fairly and equitably” reached and free from “fraud and duress.” As a result, if the terms of an agreement were manifestly unfair at the time of execution, the agreement could be set aside.
What are some examples of a “manifestly unfair” agreement? Well, every case is different. However, generally an unfair agreement awards one spouse a significantly greater share of the marital estate, or provides for an unsustainably high/low child support or maintenance obligation. In those cases, the Court could set aside the agreement (and make it as if the agreement never existed in the first place).
Actions to set aside an agreement are extremely time sensitive and must be addressed as soon as possible. If you believe your divorce, child support, or child custody agreement is unfair, please give us a call to see if we can help.