Can you invalidate a divorce agreement after the fact by later claiming that you were suffering from depression and anxiety and were not competent to enter into an agreement?
In Sneeringer v. Sneeringer, 2005 PA Super 210 (June 2005), the Superior Court was faced with a case where a Wife filed a petition with the trial court to invalidate a marital agreement after it was signed but before the divorce decree was entered. She claimed that she was depressed and anxious and therefore in no condition to sign an agreement. Furthermore, she claimed that she had not received full and fair disclosure of her husband's assets. The trial court denied her petition and she appealed to the Superior Court. However, because the divorce decree has not yet been entered, the Superior Court quashed the appeal. Basically, because of this technicality, Wife will have to re-file her appeal, once the lower court enters the divorce decree.
This case is a great example of why any party should think very carefully before signing an agreement in a divorce matter. Once signed, it is often difficult, if not impossible to undo these agreements. It can also get very expensive to file petitions and then appeals. I recommend that clients take the time to read agreements thoroughly and then put it away and take it out again, a few days or a week later. Look at it with fresh eyes. Unfortunately, sometimes people sign an agreement just to put an end to tiring and expensive litigation. However, agreeing to unsatisfactory provisions simply delays more trouble and expense.
