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BURKLE v. BURKLE ( Part IV )

BURKLE v. BURKLE ( Part IV )
05:25:2006

BURKLE v


BURKLE v. BURKLE




Filed 5/18/06





CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


SECOND APPELLATE DISTRICT


DIVISION EIGHT










In re Marriage of JANET E. and


RONALD W. BURKLE.


B179751


JANET E. BURKLE,


Appellant,


v.


RONALD W. BURKLE,


Respondent.



(Los Angeles County


Super. Ct. No. BD390479)


Story Continued from Part III…………


. The trial court's conclusion that Mr. Burkle did not conceal significant financial information from Ms. Burkle was fully justified.[1]


IV. Ms. Burkle's claim the agreement must be set aside for failure to serve the sworn disclosure declarations required by Family Code sections 2100 et seq. is without merit.


The Family Code requires the parties to a dissolution proceeding to serve on each other a preliminary, sworn declaration, on forms prescribed by the Judicial Council, identifying all assets and liabilities.[2] (Fam. Code, § 2104, subds. (a) & (c).) Similarly, before the parties to a dissolution proceeding enter into an agreement for the resolution of property issues, or before any trial, each must serve on the other â€





Description A decision regarding enforceability of a post-marital agreement as to community property assets,. A presumption of undue influence does not arise in an interspousal transaction unless one spouse obtains an unfair advantage or obtains property for which no or clearly inadequate consideration has been given.
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