Setting Aside Florida Divorce Settlements
Do You Believe Your Divorce Agreement is Unfair?
It's not unusual for one of both parties in a divorce to later become frustrated or disillusioned with their divorce settlement after it has been signed and executed. Unfortunately, in the state of Florida, a divorce settlement, like a contract, is a legally binding and enforceable document.
Consequently, all parties are expected to adhere to the terms of the agreement. However, there are times when a court will set aside the settlement, rendering it unenforceable. In Florida, the grounds for setting aside a settlement are fraud, duress, coercion, and unconscionability.
If you believe that you were poorly represented in your divorce, that the settlement was negotiated on false premises, or feel that it was an otherwise unfair agreement, our Jacksonville divorce attorneys at Owenby Law, P.A. will reopen your divorce case and determine if the settlement can be set aside.
Get started with a complimentary consultation: Call (904) 770-3141 today!
Grounds for Setting Aside a Divorce Settlement in the State of Florida
It's important for clients to recognize the fact that not all settlements will be set aside by the courts. Naturally, there is a presumption that both parties who agreed to the settlement had the mental capacity to do so and were un-coerced. There are always exceptions, however.
In Florida, a settlement can be set aside if there existed:
- Fraud - If the other party used deception or fraud to obtain a more favorable settlement, it may be set aside. An example of this would be producing a fraudulent financial affidavit.
- Duress - This occurs when one of the parties makes a threat to convince someone to agree to a settlement. The threat must have been believable and the threatening party must have had the perceived ability to carry it out.
- Coercion - This entails using another means other than the threat of physical violence to convince the other party to agree to the divorce settlement. This could involve doing something to negatively impact the other party's business in an effort to get him or her to sign the settlement, for example.
- Unconscionability - This means that the settlement is outrageously slanted to one side that the other party would not have the ability to survive on what he or she was left given.
Retain the Professional Services of Our Jacksonville Divorce Lawyers!
It is difficult to get the courts to agree to set aside a settlement once it has been executed. The key to a favorable settlement is retaining the services of a top-tier family law firm from the onset. Owenby Law, P.A. is exactly that kind of law firm. We wish to help you obtain the more favorable outcome you deserve.
If you are seeking representation for a divorce or you believe that your settlement was unfair, give our office a call.
