Can a Signed Settlement Agreement Not Be Enforced?

A signed settlement agreement is a powerful document requiring the demonstration of an extreme condition to render it null and void. If a party wishes to back out of the settlement, then they must prove the existence of fraud, duress, coercion, or unconscionability. Before a settlement is voided, the parties will need to present their cases to a judge to determine whether there is enough evidence to warrant nullifying the agreement.

1. Fraud

If one party misrepresents vital factors in the case knowingly to mislead the other party into signing the settlement, then they are guilty of fraud and the settlement may be voided. The most common example would be a failure to disclose financial assets during the course of a divorce settlement negotiation.

2. Duress and Coercion

If a party threatens or carries out an act that they are not legally entitled to do with the intent of pushing the other party into accepting the settlement, then the settlement was made under duress. A crass example would be a spouse threatening violence against the other during the course of divorce settlement negotiations. Conversely, threatening to take legal action like filing for custody is not grounds for duress.

Coercion is closely related to duress, but it does not necessarily have to involve a distinguishable threat or come from an involved party. If an outside force somehow overrides a person's free will to refuse to sign, then coercion has occurred.

4. Unconscionable Terms

A settlement can be considered unconscionable if the terms are so egregious that one party would suffer so much that their continued existence is thrown into question. Unfair does not equate to unconscionable, so the offended party will have to prove that fulfilling the terms would leave them destitute.

If you have any questions and are seeking legal assistance, contact our Divorce Attorney in Genesee County at Gerkin & Decker. We have a track record of success for our clients and can help you with your case. Call us today for a consultation! 

Things to Consider Before Moving Out in a Divorce

Quarrels and misunderstandings may lead to divorce. The action may bring negative and positive consequences for both the divorcees. Also, unfaithful and cheating behaviors may result in the collapse of marriage. Leaving each other after a divorce is...

Who Gets the House in a Divorce?

When couples divorce, they have a lot of questions. It doesn't help that many of those questions don't have easy answers. The home is typically the most valuable object that two people can share together, so the stakes are high. Plus,...

Top 3 Mistakes Men Make in Divorce

No one goes into a marriage expecting divorce; divorce, however, is a process that tests people and their limits, and it’s difficult to navigate with a calm head. If you find yourself going down this road, do yourself two favors:...

Rights for Fathers Seeking Full Custody

In general, a father has the same right to full custody of a child as the child’s mother. Men technically don’t face greater challenges when trying to achieve full custody. However, the man has historically been the...

How to Request a Change to Your Custody Agreement

If your current custody agreement isn't working for you, you may be wondering about making changes to the custody agreement. However, unless you and your ex-spouse agree to the changes and both agree to modify the agreement, you will need to go...

What Should Men Do to Prepare for Divorce?

While no one enters a marriage thinking that it’ll end, the sad fact is that many marriages will not succeed, and many men will experience the pain and stress of a divorce at some point in their lives. While the emotional impact can be...

How Does a Prenuptial Agreement Affect a Divorce?

Over the years, there has been a fair amount of negativity associated with prenuptial agreements. When family members learn that their loved one has been asked to sign an agreement before marriage, they often see that as a red flag and quickly...

3 Tips for a More Amicable Divorce

Divorce is often contentious, but it doesn’t always have to be. At Gerkin & Decker, PC., We specialize in working with men during the divorce process, and we have extensive experience handling all aspects of divorce, including alimony,...

What Rights Do Non-Custodial Parents Have?

Divorce is always difficult. When a divorce involves children, it hurts not only the children, but it has a significant emotional impact on the parents as well. When children are involved, courts make custody decisions based upon a variety of...

How Can I Appeal a Custody Decision?

Child custody cases are tough on families. There’s so much at stake, and when one party doesn’t agree with the decision of the court, they often wonder if they have any options. Michigan law allows chief circuit court judges to...
Page: 12 - All
Before you take action, speak with an experienced divorce attorney
Request a Confidential Consultation
* Indicates required questions
Name *
First
Last
Email *
Phone # *
Briefly Describe Your Situation *
Preferred Method of Communication
Telephone Email
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.