It is not necessarily easy to lift a separation agreement. Before such an order is made, the court must determine whether one spouse did not disclose essential assets to the other spouse at the time of entering into the contract – and what is „significant“ depends on any specific circumstances. „A court may, upon request, annul a national contract or a provision contained therein, which can be a difficult process. This is why separation and divorce are best resolved with the help of a competent family law lawyer. At Gelman & Associates, our lawyers – who are competent and compassionate, but also tough if necessary – provide exceptional legal representation in all family matters. Our goal is to always enable customers to make informed decisions about their future. We give all potential clients a complete family law kit, as well as a copy of our firm`s manual on separation and divorce. This information is full of resources that will help you understand and navigate the difficult and often complex process of separation and divorce. The court considered the various legal arguments. First, it concluded that the spouse`s offer to annul the agreement was indeed equivalent to a legal „right“ and that it was theoretically subject to the general two-year period. However, the most pressing question was when exactly the clock began to tick during this two-year period.
„The economic and personal pressure described by the [father] is the type of pressure usually exerted by one or both parties involved in the negotiation and settlement of domestic financial disputes. Such negotiations are almost always stressful; Parties are forced to make difficult financial decisions that have long-term repercussions for themselves and their children. The consequences of litigation are an inherent pressure on all parties to the trial. The risk of a potential increase in legal costs in the absence of a settlement should put pressure on both parties to reach a negotiated solution. This intrinsic pressure cannot serve as a basis for the abrogation of a negotiated agreement. For example, saying the rules before signing your agreement, you need to understand them, the process is fair and your partner and give you complete and honest information about your finances. The father argued that, although he signed the minutes of settlement and was represented by a lawyer, he regrets having signed the protocol. He claimed to be suffering from depression at that time and only accepted the protocol because he intended to commit suicide and never really expected to be bound by the terms of the agreement. He also claimed that the Mediator had „intimidated and insulted“ him and that he had signed the minutes under duress.
He said he signed the minutes of the settlement while his lawyer advised him not to sign it. Four years later, the wife filed an application to cancel the separation contract on the grounds that the husband had failed to disclose essential assets (the wife had learned that the husband had not disclosed the shares in certain family businesses he had acquired during the parties` marriage and the payments he had received for a partner loan, and the income from capital which he has received from the sale of shares by a company which he controls“.. . . .