When can a property settlement or marital agreement be set aside as unconscionable?

When can a property settlement or marital agreement be set aside as unconscionable?

Virginia favors written agreements (contracts) especially among married parties. The person claiming the agreement is unconscionable has the burden of proof to prove it. An agreement is unconscionable if it is lopsided and significantly favors one party over the other. However, it is not enough that the agreement be disparate. It has to be so disparate that it “shocks the court.” There must also be some type of wrong doing by the other party like fraud, misrepresentation, or duress of some type. Otherwise, the court will not save one party from their bad bargain.