Set Aside Marital Settlement Agreement California: What You Need to Know
Divorce can be a stressful and complicated process. When it comes to settling property and financial matters, a marital settlement agreement (MSA) is often signed by both parties to avoid lengthy court proceedings. However, there may be instances where one party wishes to set aside the MSA due to various reasons. In this article, we’ll discuss what you need to know about setting aside a marital settlement agreement in California.
What is a Marital Settlement Agreement?
A marital settlement agreement is a legal document that outlines the terms and conditions of a couple`s divorce. It covers issues such as property division, support payments, child custody, and visitation. In California, an MSA is typically required as part of the divorce process, and once it`s signed by both parties, it becomes a binding contract.
Why Set Aside a Marital Settlement Agreement?
There are several reasons why one party may want to set aside, or void, a marital settlement agreement. It could be due to fraud, duress, undue influence, mistake, or lack of disclosure of assets. In some cases, a party may have signed the agreement without fully understanding its terms or without being represented by legal counsel.
How to Set Aside a Marital Settlement Agreement in California
To set aside an MSA in California, the party must file a motion with the court and provide evidence to support their claim. The evidence must show that one of the legal grounds for setting aside the agreement exists. The party must also show that they acted promptly in filing the motion after discovering the grounds for setting aside the agreement.
The burden of proof is on the party seeking to set aside the agreement. This means they must prove that there was a legal ground for setting aside the agreement and that it caused them harm or prejudice. The court will then review the evidence and make a decision on whether to set aside the agreement.
It`s important to note that setting aside an MSA can be a complex and costly process. It`s recommended that parties seek legal counsel to guide them through the process.
A marital settlement agreement is a legally binding contract that outlines the terms and conditions of a couple`s divorce. While it`s intended to avoid lengthy court proceedings, there may be instances where one party wants to set aside the agreement. If you`re considering setting aside an MSA in California, it`s important to understand the legal grounds and process involved. Seeking the guidance of an experienced attorney is advised to ensure your rights are protected.