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Vacating a postmarital agreement in California

by Stan Burman

Vacating a postmarital agreement in California is the topic of this blog post.

A postmarital agreement is also known as an antenuptial agreement, marital agreement or  postmarital agreement.

A postmarital agreement is essentially a written contract executed by couples after they have gotten married or entered into a civil union and is designed to finalize the settlement of the affairs of the couple in the event that they separate or get divorced.

Grounds for vacating a postmarital agreement in California.

There are several grounds for vacating a postmarital agreement in California including the grounds that:

The moving party did not have independent legal counsel and/or did not properly waive that right;

The moving party was not fully informed of the terms and basic effect of the agreement as well as the rights and obligations he or she was giving up by signing the agreement, and was proficient in the language in which the explanation of the party’s rights was conducted and in which the agreement was written;

The moving party did not execute the agreement voluntarily as their consent was obtained as a result of duress, fraud, or undue influence;

The agreement was unconscionable when it was executed and, before execution of the agreement, the moving party was not provided a fair, reasonable, and full disclosure of the property or financial obligations of the other party, did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided, and did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

The agreement is voidable as there is a presumption of undue influence based on a breach of the confidential relationship imposed by Family Code § 721(b) which states that “The confidential relationship between spouses imposes a duty of the highest good faith and fair dealing on each spouse, and neither may take any unfair advantage of the other.

At least two California Courts of Appeal have stated in published decisions that premarital, postmarital (postnuptial) and marital settlement agreements are governed by general principles of contract law.

Sample motion for order vacating a postmarital agreement in California for sale.

Attorneys or parties in California who would like to view a portion of a 10 page sample motion for an order vacating a  postmarital agreement in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration can see below.

Sample Motion to Vacate Postnuptial Agreement in California by Stan Burman on Scribd

 

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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