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how do we set aside a marital agreement Florida case law sets out to separate grounds to vacate or modify a marital settlement agreement their fraud deceit and duress or the agreement clearly makes it unfair or unreasonable for the challenging party under the circumstances a bad bargain alone is not sufficient to vacate or modify settlement agreement the test for determining the validity of the agreement is whether there was fraud duress or overdocHubing on one side or if the agreement is unreasonable whether the challenging spouse did not have adequate knowledge of the marital property or income at the time they sign the agreement non-disclosure by one party coupled with a clear lack of understanding by the other may do a marital settlement agreement if the evidence by the aggrieved party demonstrates unfairness the marital settlement agreement may likely be set aside
