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 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. | |||
*A party signed the agreement without independent legal advice, did not fully understand what the agreement meant, and signed it by ''mistake''. | |||
*The agreement was signed without ''full disclosure'' having been made, or | |||
*A party signed the agreement because ''misleading information'' had been provided. | |||
====Duress, coercion, unconscionability and mistake==== | ====Duress, coercion, unconscionability and mistake==== |