Two years ago, me nd my ex-wife completed a Mediated Property Settlement and Separation Agreement. It was signed by both of us and notarized. Can this mediated agreement be changed or would the court not allow this to be done? I was going through severe depression at the time and was admitted to the hospital twice during the tine this agreement was signed. Would that be considered?
This is just my thoughts…Was this agreement filed in the courts? If not, it is not a court order. I believe she can sue you if you go against it. You could present your case then.
A separation agreement can be amended if the terms of the separation agreement state so. Most separation agreements have a provision that allow for amendments to be made with consent by both parties and a written amendment that is signed and notarized by both parties. Unless the separation agreement was incorporated into a divorce judgment, the courts would not be involved in any amendments.
You may be able to rescind the separation agreement or have a defense to a breach of contract action if you can prove that you signed the separation agreement involuntarily and against your own free will, by force, under duress, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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