Divorce Dex.com: Unconscionable

Definition Unconscionable - used in contract law, refers to an agreement that is so grossly unfair as to be oppressive and unenforceable.

Application in Divorce Unconscionability involves gross overall one-sidedness in, for example, the disclaiming of a warranty, the limiting of damages, or the granting of procedural advantages.

As it applied to divorce, courts will not enforce unfair or oppressive agreements between spouses. As a general rule, two parties may contract anything legal, but courts will not agree to one-sided agreements, particularly those that put at risk the best interest of children involved. For example, a custodial parent may not waive child support in exchange for sole custody.

Unlike other areas of law, divorce law recognizes fairness and reasonableness. A marital settlement that is fair and reasonable goes a long way to helping the former spouses move on with their lives as single people.

In a divorce, a lawyer who promises to take the other spouse to the cleaners is someone to avoid.

A divorce settlement that leaves one party impoverished and destitute is not fair and reasonable.

See also Fair and Reasonable.

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#724: Written in to every agreement there should be a clause addressing the education needs of a child and how the financial burdens of such education will be met.

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