My spouse and I signed a separation and property settlement agreement before a notary. We do not have children. My attorney said that the agreement looks valid and does not see how it could be contested. My soon to be ex is now contesting the agreement.
My “soon to be ex” hired a new attorney that filed a motion to rescind the agreement. The attorney has dozens of bullet points they are claiming to use to set the agreement aside. I have 34+ pieces of evidence to refute the false claims made in their motion to rescind the agreement, including texts, emails, and audio recordings. My spouse wants to bankrupt me by keeping us in the courts.
Doesn’t a signed and notarized separation agreement and property settlement end this matter?
Is there any recourse?
It sounds like you have a valid and enforceable separation agreement. However, one party can later claim that the separation agreement is unconscionable, executed under duress, undue influence, etc. and can ask the court to rescind it.
It is up to the judge, after presentation of evidence from both sides, whether or not the separation agreement should actually be rescinded.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.