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Annulment of a divorce agreement – the gist of the process

Recently we can see a trend supporting the claim that the right and rational way to divorce by drawing a mutual divorce agreement. This agreement includes all aspects of the dismantling of the relationship (alimony, property, visitation, etc.) and after court's approval one can go ahead with the divorce. This agreement prevents power struggles in court that, in addition to severe mental anguish are also fairly pricy. But, sometimes it becomes necessary to annul the divorce agreement that was reached as in several cases as presented to you immediately.

Annulment of a divorce agreement - in what cases?

Any agreement, signed between the parties, is subject to the law of contracts. This means that such a divorce agreement is binding upon to both parties, since it is validated by the court that examined and confirmed it in detail. But, sometimes you can ask for the cancellation of a divorce agreement if they fall under the cases below:
  • Legal problems with the approval of the agreement - if one of the parties believes that there were legal flaws with the approval of the agreement, he/she can claim for cancellation. Of course, any cancellation of a divorce agreement for such reasons must contain legitimate reasons relating to rules of procedure that were not kept (for example, the judge did not read the agreement before the parties) or any other procedure not actually fulfilled which should have been carried out according to the agreement.
  • Merits of the agreement - any divorce agreement must be prepared and signed in good faith, without pressure or threats, without hiding any information or deceptions. If you find that was not the case, then you can claim for the cancellation of the agreement. For example, if one spouse is hiding assets or threatened, in one way or another, the other party to sign the agreement, the agreement, according to the law can be annulled, as illegal.
  • A significant change in circumstances - may occur over time with changes happening to one or both partners so the agreement signed at the time is no longer relevant. You can find many examples of this, such as a serious illness, a monetary prize, a significant promotion at work and more.
As you can understand, cancellation of a divorce agreement is not a trivial matter and needs to be taken care of in a rational way. The advantage of such a process is the amount of time given to prepare all the arguments in favor of the cancellation, in contrast to the relatively short duration of time couples facing a divorce process have if they want to settle the dispute within the shortest time and then part. For this reason it is very important to get professional and highly experienced lawyers, when the need or interest to cancel an existing agreement arises. It is also essential to collect any evidence, document or related criminal evidence that the divorce agreement, in your opinion, should be annulled and undergo a renewed discussion of the court.

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