Is the husband entitled to have this agreement canceled

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Reference no: EM131472225

Question: Husband, who was suffering from schizophrenia and manic depression, had been in and out of a mental hospital, but at no time had he been declared insane by a court. In fact, he continued to work at his job as a design engineer during the day, returning to the hospital at night. His wife initiated a separation agreement because of the husband's mental condition, although her husband did not really want a separation. At a time when he was depressed and did not fully understand the impact of the agreement, he did sign it.

The agreement was signed by both parties in the presence of the wife's attorney, although the husband did not receive any legal advice from an attorney and did not really know the exact contents of the agreement. Later, when the husband realized what he had done, he requested that the separation agreement be canceled. The wife refused. Is the husband entitled to have this agreement canceled? (G.A.S. v. S.I.S., 407 A.2d 253, Del. Fam. Ct.)

Reference no: EM131472225

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