Legal Question in Family Law in California
What happens to the character of assets and debts divided and distributed pursuant to a marital settlement agreement after the agreement is set-aside based upon Family Code sec. 2122 grounds?
1 Answer from Attorneys
The character becomes the same as they were before the agreement and the judgment entered based upon it were made and entered. In other words, any assets and debts that were of uncontested character, remain uncontested and any assets and debts that were of disputed character which dispute was resolved via the settlement agreement return to their contested status. Anything that was uncontested due to fraud, perjury, etc., as set forth in section 2122, become contested. And the case then goes forward from there as if the agreement and judgment never happened.