Lafargue-Guilardi
Lafargue-Guilardi v. Guilardi
Opinion
Lead Opinion
Elia, J.
*772 Opinion
After a protracted but unsuccessful effort to set aside a marital settlement agreement (MSA), appellant Joanne Lafargue-Guilardi (Wife) moved for pendente lite attorney fees for the proceeding, citing Family Code section 2030. The family court granted the motion of respondent Benjamin Guilardi (Husband) to dismiss Wife’s request, finding an implicit waiver of statutory fees in the MSA. Wife appeals, contending that any waiver of attorney fees is inconsistent with the MSA and the law. Wife further contests the lower court’s alternative finding that attorney fees for the set-aside proceeding were not justified under the circumstances presented. We find no error in the court’s first ruling and must therefore affirm the order.
Background
In April 2005, after a marriage of more than 16 years, the parties separated, and the following month they executed an MSA addressing division of property as well as support and custody of their 10-year-old daughter. The MSA was incorporated into a judgment filed on October 12, 2005.
On October 11, 2006, Wife moved to set aside both the judgment and the MSA, citing fraud, mistake, duress, perjury, and noncompliance with Family Code…