Not full disclosure during settlement agreement


#1

What if I discovered after settlement was signed that ex was taking 10’s of thousands of dollars out of joint account in either cash or transferring it to her own account in the months up to the settlement (and about 15k after agreement signed)? I had signed settlement under the belief that all joint money left was less than 100 after bills paid. She also did several other unsurpulous transactions with credict cards and debt repayment. I never would have signed agreement if I knew all this at the time. Can this be used to go back to the drawing table given that there was not full disclosure?


#2

Does the agreement contain a non-disclosure penalty?


#3

I don’t believe so. I am getting concerned w/ my respresentation the more I do research.


#4

It may be difficult to get any relief, I just re-read you post and noticed that these acts occurred prior to the settlement. It should have been easily discoverable if you reviewed financial statements prior to signing the agreement.


#5

To clarify, some transfer of funds were done about four days AFTER agreement signed. Also, no statements were reviewed by my atty or me prior to signing. The atty did not think it was necessary to look at before mediation, but that all could be done that day. As I have looked at statements since signing, I would not have signed if I knew all circumstances.


#6

If funds were transferred out of accounts after the agreement was signed, there may be an action for breach if those funds were removed from accounts distributed to you.

As for the rest, unfortunately, the law presumes that you are aware of all of the facts which could have been ascertained prior to signing.