Duress
Coercion or threats that force a person to sign a legal document or agree to terms against their will. Agreements signed under duress can be voided by the court.
Understanding Duress
Duress is a legal defense that can invalidate prenuptial agreements, settlement agreements, and other divorce-related contracts. If one spouse can prove they signed under threat of physical harm, extreme emotional pressure, or coercive circumstances (such as being threatened with deportation or losing access to children), the court may void the agreement. Proving duress typically requires showing the pressure was so severe that it overcame the person's free will. Courts examine the totality of circumstances, including power dynamics, language barriers, and whether independent counsel was available.
Real-World Examples
The wife argues the prenuptial agreement should be voided because her husband threatened to cancel the wedding and expose embarrassing photos if she didn't sign it.
Related Terms
A legal declaration that a marriage is void or voidable, effectively declaring it never legally existed. Unlike divorce, annulment erases the marriage rather than ending it.
Consent OrderA court order based on an agreement between both parties rather than a judge's decision. It is legally binding and enforceable just like any other court order.
Domestic ViolenceA pattern of abusive behavior used by one partner to maintain power and control over the other. It encompasses physical, emotional, sexual, psychological, and financial abuse.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.