What is the test for a motion to set aside a marital settlement agreement?

California, United States of America


The following excerpt is from Mccourt v. McCourt, B254182 (Cal. App. 2015):

We review the trial court's denial of a motion to set aside a marital settlement agreement and judgment for abuse of discretion. (In re Marriage of Brewer v. Federici (2001) 93 Cal.App.4th 1334, 1336.) "The trial court's exercise of discretion will not be disturbed on appeal in the absence of a clear showing of abuse, resulting in injury sufficiently grave as to amount to a manifest miscarriage of justice. [Citations.]" (In re Marriage of Rosevear (1998) 65 Cal.App.4th 673, 682.)

On appeal, we presume that the trial court's judgment is correct. "All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown." (Denham v. Superior Court

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