{"componentChunkName":"component---src-templates-blog-post-ts","path":"/duress-should-not-be-used-to-obtain-a-signature-to-settlement-agreement/","result":{"data":{"site":{"siteMetadata":{"title":"Clausehound Blog","author":"Joshua Koudys"}},"markdownRemark":{"id":"892f200f-392a-533a-b0f0-099cbba1e018","excerpt":"Hollywood and Oscar nominated star Terrence Howard cried in court about his wife’s threats to release his private medical information. During acrimonious…","html":"<p>Hollywood and Oscar nominated star <em>Terrence Howard</em> cried in court about his wife’s threats to release his private medical information. During acrimonious divorce proceedings, Howard was contacted by his wife and allegedly forced to sign a divorce settlement agreement under duress. His wife had informed that that if he refused to comply with her mediation settlement requests, that she would release private medical information about him.</p>\n<p>While mediation and settlement are encouraged by the justice system, using blackmail to force execution of a settlement agreement will not likely be tolerated. Parties should be able to demonstrate that they had the opportunity to obtain independent legal advice before signing a settlement agreement.</p>\n<p><a href=\"http://www.inquisitr.com/2337467/terrence-howard-cries-in-court-says-wife-threatened-to-release-damaging-medical-information-to-usurp-divorce-settlement/\" target=\"_blank\" rel=\"nofollow noopener\">Read the article here.</a></p>\n<h3>Takeaway:</h3>\n<ul>\n<li>A settlement agreement signed under duress can be nullified if a party can prove duress.</li>\n</ul>","frontmatter":{"title":"Duress Should not Be Used to Obtain a Signature to Settlement Agreement","date":"September 11, 2015","description":"Hollywood and Oscar nominated star Terrence Howard cried in court about his wife's threats to release his private medical information. During acrimonious divorce proceedings, Howard was contacted by his wife and allegedly forced to sign a divorce settlement agreement under duress.","author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal","bio":"Rajah Lehal is Founder and CEO of Clausehound.com.  Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.","image":{"childImageSharp":{"fluid":{"base64":"data:image/jpeg;base64,/9j/2wBDABALDA4MChAODQ4SERATGCgaGBYWGDEjJR0oOjM9PDkzODdASFxOQERXRTc4UG1RV19iZ2hnPk1xeXBkeFxlZ2P/2wBDARESEhgVGC8aGi9jQjhCY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2NjY2P/wgARCAAUABQDASIAAhEBAxEB/8QAGAABAAMBAAAAAAAAAAAAAAAAAAIDBQT/xAAWAQEBAQAAAAAAAAAAAAAAAAAAAgP/2gAMAwEAAhADEAAAAboK870hU4HaFoP/xAAbEAEBAQACAwAAAAAAAAAAAAACAQMABBEhMv/aAAgBAQABBQLZ0DJXzzsfOHtcqtrVlGqp/8QAFBEBAAAAAAAAAAAAAAAAAAAAIP/aAAgBAwEBPwEf/8QAFREBAQAAAAAAAAAAAAAAAAAAASD/2gAIAQIBAT8BY//EAB0QAAICAQUAAAAAAAAAAAAAAAEhABEQAhIxQVH/2gAIAQEABj8CXJgvXuvA9nWLJcsJAqOf/8QAGxAAAgMBAQEAAAAAAAAAAAAAAREAIUFREDH/2gAIAQEAAT8hEPkifIrIYPgAmwaHZUKpzPAcw4PIYWoDkjn/2gAMAwEAAgADAAAAEDvXff/EABYRAQEBAAAAAAAAAAAAAAAAAAEQEf/aAAgBAwEBPxADGE//xAAWEQEBAQAAAAAAAAAAAAAAAAARARD/2gAIAQIBAT8QTDLn/8QAHRABAQEBAAIDAQAAAAAAAAAAAREAITFxQVFhof/aAAgBAQABPxBERBosSrNWnl4U/SabyrrjY+eesU1Qqo7Xg1wnR1H+PrIYPUA6nfZ3SAwyyXf/2Q==","aspectRatio":1,"src":"/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg","srcSet":"/static/d7bbad08c257f3987a4a5710553e9e17/2b9ee/Rajah.jpg 80w,\n/static/d7bbad08c257f3987a4a5710553e9e17/e5d64/Rajah.jpg 160w,\n/static/d7bbad08c257f3987a4a5710553e9e17/bdd4d/Rajah.jpg 320w,\n/static/d7bbad08c257f3987a4a5710553e9e17/6e63d/Rajah.jpg 400w","sizes":"(max-width: 320px) 100vw, 320px"}}}},"tags":["Settlement Agreement","Releases","Commercial Activities","Rajah"]}}},"pageContext":{"slug":"/duress-should-not-be-used-to-obtain-a-signature-to-settlement-agreement/","previous":{"fields":{"slug":"/how-to-increase-the-likelihood-that-releases-and-waivers-in-marriage-contracts-will-be-enforceable/"},"frontmatter":{"title":"How to Increase the Likelihood that Releases and Waivers in Marriage Contracts will be Enforceable","tags":["Marriage Contract","Waivers and Releases","Commercial Activities","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}},"next":{"fields":{"slug":"/why-independent-legal-advice-is-crucial-to-finalizing-terms-of-a-marriage-contract/"},"frontmatter":{"title":"Why Independent Legal Advice is Crucial to Finalizing Terms of a Marriage Contract","tags":["Marriage Contract","Financial Disclosure","Commercial Activities","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}}}}}