What is the test for making a property settlement agreement without the advice of legal counsel?
California, United States of America
The following excerpt is from Marriage of Moore, In re, 113 Cal.App.3d 22, 169 Cal.Rptr. 619 (Cal. App. 1980):
We recognize as a general proposition the law favors property settlement agreements untainted by fraud, compulsion or violations of confidential relationships between parties. However, where agreements are made without advice of legal counsel, the court must carefully scrutinize them to prevent inequities. (Adams v. Adams, 29 Cal.2d 621, 628, 177 P.2d 265.)
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