Yes, Signed Settlement Agreement
If you accepted a settlement agreement by signing your signature on the settlement documents, it is:
- a binding agreement
- not easily overturned or changed
You may ask the court to overturn the signed legal documents if you are able to prove that you were:
- not mentally competent
- somehow forced to sign documents under duress or threat
- tricked or unduly influenced into signing documents
You may seek legal advice to assist with the court process. The lawyer or limited licensee who assisted with the settlement agreement may need to withdraw if you seek to challenge the agreement. This means you will need new representation for the matter.
If you believe the lawyer or limited licensee inappropriately pressured you to sign the document, submit a complaint.
Common Questions
To find legal assistance, see the Finding Legal Assistance page on the Law Society website.
Duress means when a person makes unlawful threats or uses coercive behaviour that causes another person to do something. For example, threatening to physically harm you or a loved one to convince you to do something.
A threat is any words, written messages or actions that threaten bodily harm, death or damage to property. A threat does not include providing a legal opinion about the likely consequences of a client’s actions or choices. For example, stating ‘if you choose x, you will have to go to court’ or ‘it will cost x to proceed with that course of action’, is not a threat.
Undue influence means that an individual’s wishes are influenced through coercion and/or manipulation. It is not necessary to show physical violence, confinement, or threat.