Recourse?


#1

Is there any recourse once a separation agreement is signed and you then discover that your spouse was having an affair prior to the signing?


#2

Depends on the recourse you are seeking, and the contents of your separation agreement.


#3

A separation agreement is a valid and binding document, the discovery of an affair will not vitiate the agreement.


#4

Wow. I’m amazed that there is no litigation avenue for a separation agreement. Obviously, had I known of the affair prior to our separation, I would have never signed the agreement as-is. I guess it not only pays to be a cheat, but the law also protects you if you hide such information.


#5

There are litigation avenues if the agreement was procured by fraud or duress, or in the event of a breach of contract, however those scenarios are not applicable in this case.


#6

If the separation agreement lacked a waiver of marital torts, then a marital tort could possibly be pursued and/or used as leverage to push amendments to the separation agreement, correct?


#7

I assume you are referring to third party actions, and yes they can be used as leverage.


#8

Well that I was left for a month with all of our children, one being a 5 year old, while also trying to maintain a full-time job. I’d call that duress! I was told that the two children that she wanted would not go with her until I signed the agreement. She used the pretense that she had to be sure she had money before she would take them. I was repeatedly told to stop dragging my feet and sign the agreement. It only took a month! I wondered why she was pressing me to sign. Obviously, now I know.


#9

Actually duress is a tougher standard, in that you must be under the threat of imminent physical harm at the time the document is signed. (literally a gun to your head). I am sorry to hear you were taken advantage of.