Imagine your spouse has initiated divorce and presents you with a marital settlement agreement crafted by an attorney. Your spouse tells you that he/she will consider reconciling if you sign the agreement. You mull it over and, although you think the agreement contains unfair terms, you sign it with hope that your spouse will resume the marital relationship. Your spouse then proceeds with the separation and divorce without further discussion of getting back together. Can you get out of the agreement by claiming that it was unconscionable or entered into fraudulently? Possible in some circumstances, but a very unsafe bet. For starters, if the agreement was crafted by an attorney, it probably included important “recitations” to the effect that the signing of the agreement means that the parties knowingly and voluntarily entered into the agreement, and that both parties agree that the terms are fair and reasonable. Such language makes the agreement valid unless the opponent can show otherwise by clear and convincing evidence. That is difficult to do, especially if you had the opportunity to read the agreement and consult an attorney before signing. Moreover, you, as the challenging party, will bear the burden of proving the lack of validity of the agreement which is presumed valid. The bottom line is that you should always consult with an experienced family law attorney before signing any marital contact, post-separation or otherwise, especially if it contains terms with which you are uncomfortable.