What is “rescission” in SA?


#1

"As an alternative to enforcing a separation agreement when the other party has breached it, under some circumstances a party can rescind a separation agreement — and start over from scratch."
This means that the law will treat the agreement as if it had never been signed. The party that rescinds can then seek a court order for spousal support, alimony, and property distribution just as she or he could if there had never been a separation agreement.

  • What are the circumstances that cuse the SA to be canceled ?

Thanks


#2

Rescission of separation agreements does not happen frequently. It is usually appropriate in cases where one party has not complied with any or the majority of the provisions of the separation agreement. You should have a consultation with an attorney in your area to discuss the circumstances of your case in detail and determine if rescission is something you should seek.