Is it possible to set aside a divorce agreement that’s a big question that comes up for a lot of people and that’s a question I’m going to answer today.
My name is Sean Smallwood Orlando Florida divorce attorney and I’ve put together this video series of quick bite-size videos to answer some of the most common questions that we get at our Orlando, FL divorce law firm now I got to give you a quick disclaimer nothing in this video is meant to constitute legal advice nothing in this video is meant to encourage the formation of an attorney-client relationship.
Everybody needs to consult an attorney regarding their individual set of facts because what I’m about to tell you can apply differently based on different sets of facts.
The question of whether or not to set aside a divorce agreement comes up for a lot of people who will go to mediation and enter into a settlement. They may wake up in the middle of the night and think “oh my god what have I done I made a horrible mistake” or they’ll go a few weeks and the other part is not following the agreement.
Another common situation is where they’ll try to exercise the time-sharing schedule or the alimony agreement and it’s just not enough money, not enough time, or not logistically workable and they will want to hit the reset button.
The Courts have a foundational belief that a mediation agreement needs to stay in place unless the situation is serious. Most of the judges here in Central Florida are usually very hesitant to set aside or vacate a divorce mediation agreement and the reason is they don’t want people just getting buyers remorse. This could, if allowed, clog up the court system with litigating issues that were already settled.
There are a few circumstances where your divorce lawyer is going to have a better opportunity to file a motion and set of hearing and make an argument to set aside a divorce agreement and that is if there was fraud, misrepresentation, coercion, that sort of thing. It is rooted in contract law theory and not a lot that divorce attorneys usually get into, but, when something like that’s going on it’s usually pretty obvious.
Some of the other ways to set aside a divorce agreement are if there’s a substantial change that makes the agreement no longer workable someone loses a job before final judgment or someone starts making a lot more money before final judgment entered. Also, if the agreement just turns out not to be in the child’s best interest as this can also get your foot in the door to request a set-aside.