Changing Family Law Agreements: Difference between revisions
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→Setting aside agreements under the law of contracts
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Just like a commercial contract, the validity of a family law agreement can be challenged for a number of reasons based on the common law of contracts: | Just like a commercial contract, the validity of a family law agreement can be challenged for a number of reasons based on the common law of contracts: | ||
#the agreement was ''not freely | #the agreement was ''not freely entered into'', in other words, a party was under duress when the agreement was negotiated or executed, | ||
#the agreement is ''unconscionable'', in other words, the agreement is obviously and seriously unfair to a party, | #the agreement is ''unconscionable'', in other words, the agreement is obviously and seriously unfair to a party, | ||
#a party signed the agreement without independent legal advice, did not fully understand what the agreement meant, and signed it by ''mistake'', | #a party signed the agreement without independent legal advice, did not fully understand what the agreement meant, and signed it by ''mistake'', | ||