[Download] "Robert O. v. Ecmel A." by Supreme Court of Delaware * Book PDF Kindle ePub Free
eBook details
- Title: Robert O. v. Ecmel A.
- Author : Supreme Court of Delaware
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
MOORE, Justice: Upon the petition of the wife, charging her former husband with exerting undue influence, the Family Court rescinded a separation agreement made in 1978. Ecmel A. v. Robert O., Del. Fam., 451 A.2d 1170 (1982). The husband appeals, contending that the wife failed to prove that the agreement was executed because of undue influence exerted by him. He also argues that she did not present sufficient evidence of disparity in the values of the marital assets divided between them which is necessary to show unfairness or inequity. We reject both of these claims since the evidence in the record supports the findings of the Family Court Judge. In addition, the husband raises the equitable defense of laches against the wife's challenge to the agreement. We conclude, however, that he has not established the elements of this defense. Therefore, we affirm.