The law favors settlements so except for very limited reasons, the separation agreement is binding and cannot be disputed at a later date. Exceptions exist where a fraud was committed in inducing the separation agreement say for example where one party lies about their assets or debts; where one party was unduly pressured to enter into the separation agreement through coercion or duress; or where one party lacked the capacity due to intoxication or mental illness to enter into the separation agreement.
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I agree (once again) with Roseanne's response.
Just suggest / add / stress -- There must be accurate disclosure before an agreement is signed. Each party must be aware of what they were "giving up" in entering the agreement. If that (along with sound / non-intoxicated mind, legal advice) are present, the court will generally enforce an agreement. It doesn't have to be "the best" or "the worst" agreement a party would have received after trial, it just needs to have been "knowing and voluntary."Ask a similar question
If the agreement was properly entered into, then it should be enforceable. Neither party an simple change their mind at this point, any changes would have to be the result of some sort of claim that either party acted improperly, failed to disclose assets, etc.
Good luck, and congratulations on resolving your case amicably.
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The way you present it is probably binding in family court since it is voluntary and with counsel. To successfully dispute again in family court would be hard and unlikely to be successful. Not impossible mind you but unlikely and expensive to try ($15,000.00?)Ask a similar question
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