Brian D. Perskin & Associates

Can I Set Aside My Agreement?

Before you sign on the dotted line, make sure you agree with all the financial terms of your divorce agreement. Too many people, just want their divorce to end and they wind up agreeing to terms that they later want to set aside. It is difficult to set aside an agreement unless there was some type of fraud, or the terms are totally unfair….

The Second Department recently set forth the criteria for setting aside an agreement. Being unhappy with the terms is not a defense. Read this case, and do not sign unless you agree.

65.8.34 – – – Rubin Rubin v. Rubin, — A.D.3d —, — N.Y.S.2d — (Second Dept. 2006)(2006 WL 3086360)(2006 N.Y. Slip Op. 07863)(Oct. 31, 2006):
Supreme Court, Appellate Division, Second Department, New York.
Guadalupe G. RUBIN, appellant,

v.

James B. RUBIN, respondent.

Oct. 31, 200

ANITA R. FLORIO, J.P., ROBERT W. SCHMIDT, GABRIEL M. KRAUSMAN, and ROBERT A. LIFSON, JJ.