This appeal involved the validity of a post-nuptial settlement agreement. After Husband petitioned for enforcement of the settlement agreement, Wife counter-petitioned claiming, amongst other things, that the agreement is not enforceable because she signed it under duress. The trial court invalidated the agreement. Husband appealed.
The Superior Court noted that the importance of the determination of credibility was paramount, and the trial court did not abuse its discretion in finding Wife credible. Moreover, the Court concluded that the record supported the trial court’s determination that Wife did not have the ability to consult with an attorney. When coupled with the Court’s analysis regarding Wife’s inability to overcome the degree of restraint and danger, the Court ultimately concluded Wife met the legal definition of duress. As such, the settlement agreement lacked mutual assent, rendering it voidable.
