Marriage of Chavez CA3
Can a history of spousal abuse negate a finding of undue influence by a spouse who secured an unfair advantage in a marriage settlement agreement? Here appellant Leah Chavez and respondent Rudolfo Chavez ended their marriage and signed a series of marital settlement agreements, some subsequently amended. Leah sought to enforce one of the marital settlement agreements and amendments. The trial court found the marital settlement agreements between the parties arose out of their confidential relationship and were not made at arm’s length. Leah, with a superior knowledge of the law, gained an advantage in the agreements, including waivers of community interest in property and unconscionable provisions for spousal support. Rudolfo believed he had no choice but to acquiesce to Leah’s demands. The trial court found the agreements void.
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