Legal Question in Family Law in Florida

Re: Overturning Separation Agreement

You would need proof of undue duress, fraud or mental incapacity.

Re: Overturning Separation Agreement

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If you could prove your lack of mental capacity or that the advisors used undue influence upon you, you may have the ability to set the agreement aside. Another argument could be that you were unrepresented and did not understand the true meaning of what you signed. Also, if it can be proved that your husband did not disclose all of his assets or hid some from you, that could be grounds.

You should consult and retain a qualified domestic relations attorney in Florida to work with you in attempting to do so. This could be part of a divorce if one is initiated.

Scott R. Jay, Esq.

Re: Overturning Separation Agreement

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The document filed in Florida may be recognized as a "Marital Settlement Agreement"(MSA) which is essentially a contract between husband and wife which sets forth the conditions of their divorce. Florida does not recognize "legal separation," but this agreement can become the terms of your divorce settlement if it is approved by a court in this jurisdiction.

MSAs are just like any other contract, and may or may not be enforceable based on their content and the conditions under which they are executed. Based on the facts you provided, sounds like your MSA might be subject to challenge based upon lack of mental capacity, undue influence or coercion.

You should consult an attorney immediately if you are served with a Petition for Dissolution of Marriage, or if you have made the decision to file one yourself.