I signed a property settlement agreement last month during a mediation with a judge and my lawyer. During the mediation my husband came and spoke to me and after that I was not in my right mind while signing the agreement. He threatened me that I would loose my baby if I didn't sign. Also, I was not disclosed financial information or given any financial affidavit before the mediation. My lawyer had a stack of papers that he received that day and did not explain me how much I will be getting from the house, 401K or bank accounts. The lawyer did not do any discovery either on my husband. the agreement is not sent to the court yet. I had no idea about the finances and what I was getting from each marital assets when I signed. The agreement doesn't specify it either. Can I undue the agreement.
To set aside the agreement may require some effort on the part of your lawyer. If you think your lawyer did not do a good job and will not act quickly on your request, then maybe you should contact another attorney and start reviewing your options.
Generally mediated settlement agreements are enforceable, unless there is fraud, undue influence or fraudulent concealment. If you can prove that your husband lied about the finances, or deliberately concealed them, that's one thing. If your lawyer was grossly incompetent that's another. If your husband used threats of violence or other actions against you, that is another thing. But its all required to be proven.
There are other issues. For instance going into mediation without financial disclosures is sloppy work.
Click on "Find a Lawyer" above and locate a family attorney in your area to review the mediated settlement agreement and decide whether its appropriate to object to it or rescind it.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
Most likely, no. The leading case in Virginia in setting aside separation agreements is Derby v. Derby. You should definitely further discuss this matter with counsel. Please do not consider this legal advice and any comments should not be construed as creating any attorney-client relationship.
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