Which of the following is a ground for setting aside a separation agreement?

• A. Unconscionability
• B. Breach by the other party
• C. Change in circumstances after signing
• D. Mutual consent to modify

Answer: (A)

Unconscionability fits because separation agreements are contracts, and a court will not enforce one that was so unfair at the time it was formed that there was no meaningful choice for the party agreeing to it. The test focuses on the conditions at signing—procedural unfairness (like duress, misrepresentation, or extreme bargaining power) and substantive unfairness of the terms. If the agreement is unconscionable, a court may set it aside or modify it to prevent an unjust result.

Breaches by the other party are remedies for nonperformance, not grounds to void the agreement. A change in circumstances after signing is typically addressed by modification rather than elimination, often requiring a showing of a substantial and continuing change. Mutual consent to modify would simply create a new agreement or an amended term, not automatically void the original.