Marital Settlement Agreement

If both parties have reached an agreement on some or all of the issues, we can prepare your Marital Settlement Agreement to memorialize your agreement before someone tries to back out. Your Marital Settlement Agreement may be complex or may require specific language depending on what you have and what you want to do, for example, regarding a pension.

We always advise you to speak with an attorney to ensure your agreement isn't susceptible to a set aside. At McCoy Fatula in Roseville, we fully understand this is a long-term document. We are in it for the long term with you.

Set Aside

An action to set aside a prior judgment or agreement is a fact-intensive filing requesting the court essentially undo something previously agreed to or ordered because of what one of the parties did. Pursuant to the California Family Code the grounds and time limits for a motion to set aside a judgment, in whole or in part, are limited to only the following situations:

Fraud

Did your spouse control everything? Did your spouse keep you in the dark or otherwise prevent you from fully participating in your dissolution?

An action based on fraud shall be brought within one (1) year from when the moving party discovered, or should have discovered, the fraud.

Perjury

Did your spouse lie on the preliminary or final disclosure, the waiver of the final declaration of disclosure, or the current income and expense declaration?

An action based on perjury shall be brought within one (1) year from when the moving party discovered, or should have discovered, the perjury.

Mistake

This is limited to stipulated or uncontested judgments. An action based on mistake shall be brought within one (1) year of the date of the entry of judgment.

Failure To Comply

An action based on failure to comply with the disclosure requirements shall be brought within one (1) year from when the moving party discovered, or should have discovered, the failure to comply.

Duress

An action based upon duress shall be brought within two (2) years after the date of entry of judgment.

Mental Incapacity

An action based on mental incapacity shall be brought within two (2) years after the date of entry of judgment.