Pbrow
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Reged: 09/13/10
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Mistaken Negotiation
09/13/10 01:36 PM
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My divorce was final February 2008 in California. We had a post nuptial in place years before the divorce. The post nup specifically states that I had not claim over the equity in the house and she had no claim over my military retirement. Both lawyers claimed the post nup would not hold up in court, so they proceeded as though there was no post nup.
I just recently found out that the post nup was fine, and should have been considered.
Mistaken negotiations is one of the reasons to set aside judgment. That is what I would like to do, specific to my retirement only, she got the house, as we agreed in the post nup.
The California family code says that you have 1 year to bring an action for mistaken negotiation, but I only found out a few months ago about the validity of the post nup. Usually, the clock starts upon notification, but the family code doesn't speak to that?
Any good advice would be appreciated.
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