Can a property separation agreement be challenged?

Asked about 1 year ago - New Brunswick, NJ

My wife and I signed a property separation agreement. Now she said she signed it under duress because of her immigration status problem. Actually even without me, she has a decent job with h1b and has no problem of staying here.

Attorney answers (4)

  1. Thomas S. Durst


    Contributor Level 14


    Lawyers agree

    Answered . Under certain circumstances a signed agreement can be challenged. You should consult with an attorney ASAP to assess your case.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  2. Brad Michael Micklin


    Contributor Level 14


    Lawyers agree

    Answered . You can challenge an agreement under limited circumstances. However, courts are reluctant to overturn them so your defense is crucial.

    You should speak with an attorney promptly.

    To better assist you, below are links to information that may help you.

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  3. Robert F. Black Jr.

    Contributor Level 9


    Lawyers agree

    Answered . A property settlement agreement is subject to judicial scrutiny. Traditional notions of contract law will apply here. So long as you were acting in good faith and all relevant terms were contemplated, the court should uphold the PSA.

    Was your ex-wife represented by counsel during negotiations? Were you? You should consult with an attorney. Contact my office or one of the other qualified attorneys here if you have any further questions.

    Good Luck,


  4. Andrzej Piotr Szymanski

    Contributor Level 12


    Lawyers agree

    Answered . Did you already file for divorce? Has it been finalized. You refer to the document as a property separation agreement. Separation and Divorce have two different meanings for property division. If you are divorced and you have a signed agreement then the other three posters are the correct advice to follow.

    The information provided in this answer is general in nature and may not apply to the factual circumstances... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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