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Can a property separation agreement be challenged?

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

Posted

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 offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.

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Posted

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 facts you presented. My advice is based on New Jersey law and may be different if I find that the facts presented are different. Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship.

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Posted

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,

RFB

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Posted

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 described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.

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