Though, even with the shackles of veracity, Carrey makes a last - minute save to his case with a new discovery and a reminder about the difference between void and
voidable agreements.
Not exact matches
If the marriage is held to be void or
voidable, an
agreement that would otherwise have been a premarital
agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
«Apart from considerations of illegality,
agreements to pay Form Fillers in circumstances of unequal bargaining power and where an improvident deal was made, such as the two examples in the record before this court, are unconscionable and therefore
voidable at the instance of the instance of the claimants who entered them.»
These two provisions may complicate efforts by divorce counsel to address any portion of the debtor's post-petition earnings in a separation
agreement or property settlement
agreement, particularly since actions taken in violation of the automatic stay may be void or
voidable.
Moreover, simply because a marital
agreement may appear to be unfair to one of the spouses, it is generally not sufficient for the court to render it
voidable.