Final Financial Disclosures

Title: Understanding California Family Code § 2105(a): The Importance of Full Disclosure in Divorce Proceedings

Divorce proceedings can be complex and stressful, particularly when it comes to the division of property and determination of support. One of the key elements in California divorce law that helps ensure fairness and transparency in these processes is the Final Declaration of Disclosure, as stipulated in California Family Code § 2105(a).

The Role of the Final Declaration of Disclosure

The Final Declaration of Disclosure is a critical document that each party in a divorce must serve to the other. This document, which must be sworn under penalty of perjury, discloses all assets, debts, income, and expenses. It is designed to ensure that both parties have a complete understanding of the marital estate, which is essential for fair negotiations and judicial determinations.

In accordance with California Family Code § 2105(a), this disclosure must be served either before or at the time parties enter into an agreement for the resolution of property or support issues. If the case goes to trial, the disclosure must be served no later than 45 days before the first assigned trial date.

Exceptions and Waivers

There are, however, some exceptions to this rule. For good cause, a court may order otherwise. Additionally, both parties can mutually agree to waive the final declaration of disclosure.

Consequences of Perjury

The Final Declaration of Disclosure is not a document to be taken lightly. As noted in the statute, committing perjury on the Final Declaration of Disclosure may have severe consequences. The court can potentially set aside the judgment, or any part of it, if perjury is committed on the final declaration of disclosure. This means that if a party is found to have lied on their Final Declaration of Disclosure, the court has the power to undo the divorce judgment, in whole or in part.

Moreover, perjury on the declaration can lead to other civil or criminal consequences under the law. This underscores the importance of complete honesty and transparency in the disclosure process.

Conclusion

California Family Code § 2105(a) underscores the importance of full and honest disclosure in divorce proceedings. It aids in ensuring a fair division of property and calculation of support, and helps to maintain the integrity of the judicial process. As always, individuals involved in a divorce should consult with a legal professional to unders