Setting Aside a Settlement Agreement in Maryland

Often times a Husband and Wife will enter into an Agreement relating to custody, visitation, child support, alimony, and property rights. If approved by the Court, the Agreement will be enforced. However the Court can refuse to enforce an Agreement using contract principles of law. The Court will generally set aside an Agreement based upon three types of circumstances. The first circumstance is unconscionability, which occurs when the terms contained within the Agreement are so inequitable and unjust as to “shock the conscience” of the Court. The second circumstance is duress, where one side involuntarily accepted terms, had no alternative and did so because of coercive acts of the other. The third and final circumstance is fraud, where an intent to deceive must be proven.