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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 PREMARITAL AGREEMENT
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14 Respondent:____________________________ ) DATE:
) TIME:
) DEPT:
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POINTS AND AUTHORITIES-MOTION TO VACATE PREMARITAL AGREEMENT
1 I.
2 STATEMENT OF FACTS
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The parties signed a premarital agreement (agreement) on _______________________. A
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true and correct copy of said premarital 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 premarital agreement.
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NAME OF MOVING PARTY contends that the court should vacate the premarital
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agreement and declare it invalid and unenforceable pursuant to Family Code 1615 on the following
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13 grounds:

14 CHOOSE ONE OR MORE OF THE GROUNDS FOR VACATING THE


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PREMARITAL 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 did not have at least seven days between the time that party was first presented
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19 with the agreement and advised to seek independent legal counsel and the time the agreement was

20 signed;
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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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language in which the explanation of the partys rights was conducted and in which the agreement
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25 was written;

26 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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POINTS AND AUTHORITIES-MOTION TO VACATE PREMARITAL AGREEMENT
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5 to-vacate-prenuptial-agreement-in-california
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POINTS AND AUTHORITIES-MOTION TO VACATE PREMARITAL AGREEMENT