The wife’s unsupported allegations that the husband threatened to evict her from the marital residence if she did not sign the separation agreement failed to establish duress, and even if the husband had persistently “urged” wife to sign separation agreement, such conduct alone did not constitute duress. Nonetheless, the terms of the separation agreement were unconscionable, warranting setting aside the agreement, and the wife did not ratify the unconscionable separation agreement by complying with its provisions and failing to object to it for more than four years.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com