Difference between revisions of "Changing Family Law Agreements"

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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 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''.
#the agreement was signed without ''full disclosure'' having been made, or
*The agreement was signed without ''full disclosure'' having been made, or
#a party signed the agreement because ''misleading information'' had been provided.
*A party signed the agreement because ''misleading information'' had been provided.


====Duress, coercion, unconscionability and mistake====
====Duress, coercion, unconscionability and mistake====

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