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[Music] this is divorce lawyer elliot schlissel the topic of todays presentation involves a wifes application to set aside a separation agreement and or losing that application a wife had brought a proceeding in nassau county which was heard before court attorney referee marie f mccormick the wife presented arguments that the separation agreement was not signed before a notary and therefore it was not enforceable the wife claimed the agreement should be set aside because it was signed under duress she also claimed the terms of the separation agreement were unconscionable it was testimony at the hearing that the parties signed and acknowledged separation agreement for a notary public and the notary public stamp appeared on the agreement the court after listening to the testimony found the husbands testimony to be more credible than that of the wives attorney referee mccormick found the wifes alleged claim that the agreement was unconscionable was meritless referee mccormick found t