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Sample motion to vacate prenuptial agreement in California.

Sample Motion to Vacate Prenuptial Agreement in California

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Sample Motion to Vacate Prenuptial Agreement in California.

This sample motion to vacate a prenuptial agreement in California should be filed along with a request for order or notice of motion. 

The sample is filed under the provisions of Family Code section 1615 to have the court declare the agreement invalid and unenforceable on the grounds that the agreement was not executed voluntarily, was unconscionable at the time it was was signed, the moving party did not receive a full and fair disclosure of the assets and obligations of the other party, etc.

The sample has been revised and updated in 2019, is 12 pages and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority, and
  • Sample declaration. 

The author is a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and used this sample for many years.

Note that the author is NOT an attorney and no guarantee or warranty is provided.