Husband promptly closed their joint bank account

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Reference no: EM13964168

Judith and Donald Eckstein were married in 1968. They had two daughters. In 1975, Judith fled their home in their jointly-owned 1973 Volkswagen with only the clothes on her back. She had no funds, and her husband promptly closed their joint bank account. She was unemployed. After she left, her husband found out where she was and took her car. He refused to let her see the children, refused to give her any money, and refused to allow her to even take her own clothing. She did not qualify for legal aid and could not afford an attorney. Donald presented her with a separation agreement prepared by his attorney. The agreement provided that (1) she would give custody of the children to him; (2) deed her interest in the home to him; (3) waive any right to alimony; (4) give him the title to the car. In exchange she would get $1,100, her clothes, and a few pieces of furniture. She was told that if she did not accept, she would never see her children again and would receive nothing. She signed the agreement, but later in the divorce proceedings asked that it be rescinded. Is the agreement valid or voidable? Explain.

Reference no: EM13964168

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