1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.

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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE POSTMARITAL AGREEMENT
)
14 Respondent:____________________________ ) DATE:
) TIME:
) DEPT:
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- 1 -
POINTS AND AUTHORITIES-MOTION TO VACATE POSTMARITAL AGREEMENT
 1 I.
2 STATEMENT OF FACTS
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The parties signed a postmarital agreement (agreement) on _______________________. A
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true and correct copy of said postmarital agreement is attached as exhibit 1 to the declaration of
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__________ attached hereto and incorporated herein by reference.

7 The parties were married on DATE OF MARRIAGE and separated on DATE OF

8 SEPARATION. On DATE AGREEMENT WAS SIGNED, NAME OF MOVING PARTY signed

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a postmarital agreement.
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NAME OF MOVING PARTY contends that the court should vacate the postmarital
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agreement and declare it invalid and unenforceable pursuant to on the following grounds:
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13 CHOOSE ONE OR MORE OF THE GROUNDS FOR VACATING THE

14 POSTMARITAL AGREEMENT SUCH AS:

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Moving party did not have independent legal counsel and/or did not properly waive that right;
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Moving party was not fully informed of the terms and basic effect of the agreement as well as
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the rights and obligations he or she was giving up by signing the agreement, and was proficient in the
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19 language in which the explanation of the partys rights was conducted and in which the agreement

20 was written;
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Moving party did not execute the agreement voluntarily as their consent was obtained as a
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result of duress, fraud, or undue influence;
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The agreement was unconscionable when it was executed and, before execution of the
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25 agreement, the moving party was not provided a fair, reasonable, and full disclosure of the property

26 or financial obligations of the other party, did not voluntarily and expressly waive, in writing, any
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right to disclosure of the property or financial obligations of the other party beyond the disclosure
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POINTS AND AUTHORITIES-MOTION TO VACATE POSTMARITAL AGREEMENT
 1 provided, and did not have, or reasonably could not have had, an adequate knowledge of the property
2 or financial obligations of the other party.
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POINTS AND AUTHORITIES-MOTION TO VACATE POSTMARITAL AGREEMENT