Levine v. Levin

436 N.E.2d 476 (1982)

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Nature of the Case

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Facts

H and W were married in 1958 and had two children. They separated in 1971, and five years later, they entered into a separation agreement. The separation agreement was prepared by an attorney related to H by marriage. The attorney represented he was only involved in the agreement because the basic terms had already been agreed upon and that W was free to seek the advice of another attorney. The attorney prepared a draft agreement, and then the final draft was eventually signed. An amendment to the agreement was executed in 1976, and another was done again later that year. W then commenced this action to have the separation agreement and two modifications set aside as inequitable and unconscionable. W alleged that she was not represented by separate counsel and instead without her consent was represented by H's attorney. W alleged that H used coercion and exerted undue influence. W's complaint was dismissed for failure to make out a prima facie case. W appealed. The appeals court reversed.