Is Your Marital Agreement Valid?
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.
Did you two write your own agreement? We can review it for compliance purposes, or to analyze the proposal to ensure you are getting a fair distribution of assets.
We always advise you to speak with an attorney to ensure your agreement isn’t susceptible to a set aside. At McCoy Fatula, APC, in Roseville, we fully understand this is a long-term document. We are in it for the long term with you.
Below, you can find information on what can render a marital agreement invalid, or subject to a set aside. If you believe one of the below applies to your situation, you can also reach us about setting aside a marital agreement you have entered into.
What You Need To Know About Set Asides
An action to set aside a prior judgment or agreement is a fact-intensive filing requesting the court to 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?
- 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?
- Mistake. This is limited to stipulated or uncontested judgments.
- Failure To Comply. This is an action based on failure to comply with disclosure requirements.
- Duress. An action based upon duress shall be brought within two years after the date of entry of judgment.
- Mental Incapacity. An action based on mental incapacity shall be brought within two years after the date of entry of judgment.
We Will Tell You Everything You Need, Not Just What You Want To Hear
The lawyers at our firm will inform you of all your options and make sure you understand the potential ramifications of the decisions you make in the divorce process and marital settlement agreement. We have seen too many people make rash, life-altering decisions and create problems that could have been avoided. Please do not make a life-altering decision by yourself out of fear of speaking with an attorney. We are approachable and caring. We will do our best to work with you and set you down the right path, even if that is all we can do for you today.