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Wife’s Application To Set Aside Separation Agreement Denied

Wife’s Application To Set Aside Separation Agreement DeniedA wife had brought a proceeding in Nassau County which was heard before Court Attorney Referee Marie F. McCormick. The wife presented arguments that the Separation Agreement was not signed before a notary and therefore it was not enforceable. The wife claimed the agreement should be set aside because it was signed under duress. She also claimed the terms of the Separation Agreement were unconscionable.

Testimony At The Hearing

There was testimony that the parties signed and acknowledged the Separation Agreement before a notary public and the notary public’s stamp appeared on the Agreement. The court after listening to testimony found the husband’s testimony to be more credible than that of the wife. Attorney Referee McCormick found the wife’s alleged claim that the agreement was unconscionable was meritless. Referee McCormick found the wife was the person who wanted the written Separation Agreement. Referee McCormick also found neither the procedural nor the substantive aspects of the agreement indicated there was overreaching by the husband or that the terms and conditions of the Separation Agreement were unconscionable.

She inferred it was the wife not the husband who had someone draft the agreement. Then after the agreement was drafted it was presented to the husband to sign. Referee McCormick also found the wife failed to show any grounds to set aside the agreement. She found the agreement valid and held it should be maintained in full force and effect.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.