Practice point: Agreements which are fair on their face will be enforced according to their terms unless there is proof of fraud, duress, overreaching, or unconscionability.
Student note: Because of the fiduciary relationship between spouses, courts will scrutinize separation agreements more carefully than they will ordinary contracts.
Kabir v. Kabir , NY Slip Op 05672 (2d Dept. 2011 ).
Monday's issue: A school's duty of care.