However, your divorce settlement agreement can be challenged or set aside if you can demonstrate fraud, duress or undue influence, or. A new york marital settlement agreement is a divorce tool that helps two spouses come to a mutually beneficial agreement regarding the division of their assets, liabilities, properties, child custody, and child support. [index number] marriage settlement agreement. As a result, if you signed a settlement agreement with your former spouse, a court will most likely enforce it. The new york state unified court system (www.nycourts.gov) and the internal revenue service.