Been divorced since 2018. Our separation agreement was by way of an “uncontested agreement”. Both parties have had independent legal counsel from the start to end of the negotiation of the separation agreement. After 3.5 years of being divorced, my ex wife has filed a motion that she was under duress and that the separation signed should be null and void. Once our agreement was finalized, both parties signed a lawyer’s disclosure document, noting neither party was pressure or under duress by signing this agreement. Can a judge overturn the separation agreement? (Especially now that the circumstance of material change has occurred due to COVID-19).
It depends on the facts, but in these circumstances it will likely be challenging for your Ex to successfully claim that she was under duress at the time your agreement was signed, to the point where it should be considered void.
For a court to find undue duress, sufficient to overturn your separation agreement, it will have to look at several factors such as: 1) the nature of your relationship; 2) whether you exerted undue influence on our Ex; and 3) whether you had independent legal representation. In this case, the fact that you both had such separate advice, and that your Ex signed a document attesting to the fact that she was not under duress, will bode in your favour when seeking to keep your separation agreement intact.