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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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Hi. I am unrepresented and had mediation on July 10 with my

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Hi. I am unrepresented and had mediation on July 10 with my ex-husband concerning my teenage daughters. He did not follow through with the FIRST thing we agreed upon. This agreement, to the best of my knowledge has not been ordered yet and is supposed to be ordered during a case management on 8/20. How do I get this agreement thrown out? What law can I site? It was 6.5 hours long with no break and I think I need to have an attorney review any agreement I sign with regard to this issue. But, most importantly, I no longer agree with what we agreed upon and need to start from scratch.
Submitted: 7 years ago.
Category: Family Law
Expert:  Joseph replied 7 years ago.
A party to a mediated agreement can move to set aside that agreement. Some grounds you would use would be fraud, duress, a mutual mistake between the parties, over-reaching, unlawful terms or coercion.

If I'm understanding you correctly, the agreement has not yet been ratified by the court and you expect that to occur at a case management conference on 8/20. If that's correct, this is the best time to move to set aside, when the agreement has not yet been signed off on by the court. As you can imagine, the longer you wait to set aside an agreement, the less likely the court is to do so.

As to your comment about having an "attorney reveiw any agreement", this is certainly a prudent practice but is not required. However, you could certainly use this as an additional ground to set aside the agreement. You didn't mention it, but this would be a stronger basis to set aside if you did NOT have an attorney and he DID have an attorney.

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Customer: replied 7 years ago.
One more ?. Yes, he did have an attorney. I did not. Is there a specific law I should reference. Should I do the motion to set aside right now, or just make it at case management?
Expert:  Joseph replied 7 years ago.
You should file the motion as quickly as possible, judges are typically more inclined to grant this type of motion if it is filed early. You should cite to, and read for assistance, rule 1.540 of Florida's rules of civil procedure.

Good luck!

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