What are the grounds on which a property agreement may be set aside?

A property agreement can be set aside on the basis of procedural fairness or substantive fairness. Procedural fairness refers to the processes followed during the negotiation and signing of the agreement. If there were issues such as undue pressure, lack of legal representation, or inadequate disclosure of relevant information, the agreement may not have been reached under fair conditions, warranting its potential invalidation.

Substantive fairness relates to the actual terms of the agreement. An agreement that is grossly unfair or inequitable may be set aside as it does not reflect a just settlement between the parties. Courts typically look for a balance in the agreement that reflects the rights and obligations of both parties in a manner that is reasonable and fair. If the terms appear overwhelmingly one-sided or exploitative, it can be a solid ground for setting aside the agreement.

In contrast, the other options provided focus on emotional factors or practical disagreements that do not directly impact the legal validity of the agreement in the same way procedural and substantive fairness do. Specifically, emotional distress and financial hardship, while relevant in certain situations, do not alone provide a legal basis for setting aside an agreement. Similarly, a mere disagreement over terms or lack of witnesses does not inherently negate the validity of a properly executed agreement, nor do changes