Separation Agreement signed under the influence


#1

My husband sent me packing due to an active addiction to prescription medications. Within a few days there was a separation agreement waiting for my signature which included a Quit Claim Deed on our house. I signed this and had it notarized even though I was completely under the influence of these drugs. I am clean and sober and want to know if my signing the documents while intoxicated can void the agreement? I still want the divorce which can be finished in November but I deserve better than what I signed. Basically just a settlement would be fine. I have friends, family and doctors who can attest to my mental state at that time. Anyone have advice? I can’t really afford an attorney. Thanks for your time!


#2

If the separation agreement was not incorporated into a court order, you can raise the procedural defense that the contract (separation agreement) is invalid due to your lack of mental capacity. The law presumes that you had capacity when you entered into the contract, you have the burden of proving that at the time you signed it you lacked the ability to understand the nature and consequences of your actions. You’ll have to have strong evidence of your incapacity, it is rather difficult to have a separation agreement struck down on grounds of incapacity.