Miller v. Miller

TRESSLER, J.,

The instant case concerns an appeal from the order of this court dated June 15,1993. Said order granted wife’s amended petition to enforce separation agreement and denied husband’s petition to rescind property settlement agreement. This case presents the simple issue of whether a threat of criminal prosecution constitutes duress and renders a settlement agreement between husband and wife void. Husband’s attorney acknowledges that existing case law upholds the validity of the agreement under these facts, but urges the court to broaden the scope of the defense of duress. (N.T.…