concurring in part and dissenting in part.
[¶ 24] I concur in parts IV and V of the majority opinion, but must respectfully dissent from the remainder of the opinion.
[¶ 25] In Weber II, we said a trial court should make two inquiries when considering to vacate a judgment based on a stipulation between divorcing parties: (1) whether the agreement is free from mistake, duress, menace, fraud, or undue influence; and (2) whether the agreement is unconscionable. Weber v. Weber, 1999 ND 11, ¶ 12, 589 N.W.2d 358. This means the trial court must examine the agreement to determine if it is the product of duress or undue influence. If it is, then the agree*503ment must be rescinded, because it was not entered into voluntarily. If the agreement was not a product of duress or undue influence under N.D.C.C. § 9-09-02(1), then the trial court must determine whether the agreement is so one-sided that it is unconscionable. Weber, at ¶ 13.
[¶ 26] The trial court, in its findings of fact, notes that Jacqueline felt “threatened and coerced” when she met alone with Richard on November 9; that Jacqueline stated “Richard threatened to use their daughter ‘during all of this’ and that he threatened to put her on the stand and have her testify that she wanted to live with him”; that Jacqueline stated she was “in an extremely weakened state, and that she felt like [she] had to comply with the terms proposed by Richard”; that Jacqueline stated that “Richard was calling every day and he was trying to convince her to agree to the settlement agreement”; and that Jacqueline stated when she told Richard she wanted to seek another attorney’s opinion on Richard’s proposed stipulation he told her if she did that she “ ‘could forget about settling out of court’ and that it ‘would take too much time.’ ”
[¶27] Contrary to what the majority opinion states, the trial court does not state the agreement was not the product of Richard’s undue influence or coercion. The trial court in its application of the law to the facts stated:
The Court is mindful of the fact that Jacqueline was likely depressed and distraught during the dissolution proceedings and that she may have agreed to settlement to avoid Ashley’s involvement in the proceedings and because of Richard’s coercive behavior. Although the settlement agreement teas not entirely free from duress or undue influence by Richard, the Court finds, however, that the agreement is not unconscionable as to distribution of property.
(Emphasis added.) .The trial court’s analysis is unclear in my opinion. Did the trial court conclude the agreement was a product of “duress or undue influence”? If it did, then the agreement must be rescinded. Or did the trial court conclude that even if the agreement was a product of “duress or undue influence,” it was not unconscionable and, therefore, not void? In the latter case, the trial court would have incorrectly applied the law and, consequently, abused its discretion. Because I am unable to ascertain the trial court’s rationale and legal analysis, I would reverse and remand for the trial court to clarify its findings and conclusions of law.
[¶ 28] I respectfully dissent.
[¶ 29] MARY MUEHLEN MARING.