Sometimes after spouses have gone through the trouble of creating a separation agreement – sometimes with the help of a legal separation attorney in East Islip New York – one of the parties may want to renege on the agreement. There are a few ways that a spouse may be able to successfully challenge the agreement. Your legal separation attorney in East Islip New York can explain the legal grounds to challenge the agreement and if any of them may affect your case.
While technically the spouses do not have to have their own representation in order to enter into an agreement, the court will be more likely to more greatly scrutinize the agreement when each spouse was not independently represented by a separate attorney.
If one of the spouses hid assets, lied about income or otherwise misrepresented some material aspect that would have changed the outcome, the court can set aside the agreement.
If one of the spouses was under the other’s pressure to enter into the agreement that did not provide him or her with adequate time to fully consider the agreement, the court might not enforce it.
Unfair and Inequitable
If the separation agreement so blatantly favors one spouse over the other so that the other spouse is left with nothing or inadequate resources to support him or her, the court may not enforce the agreement based on it being unconscionable to do so.