onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Family Code Section 2105

Legal Research Home > California Laws > Family Code > California Family Code Section 2105

2105.  (a) Except by court order for good cause, before or at the
time the parties enter into an agreement for the resolution of
property or support issues other than pendente lite support, or, if
the case goes to trial, no later than 45 days before the first
assigned trial date, each party, or the attorney for the party in
this matter, shall serve on the other party a final declaration of
disclosure and a current income and expense declaration, executed
under penalty of perjury on a form prescribed by the Judicial
Council, unless the parties mutually waive the final declaration of
disclosure. The commission of perjury on the final declaration of
disclosure by a party may be grounds for setting aside the judgment,
or any part or parts thereof, pursuant to Chapter 10 (commencing with
Section 2120), in addition to any and all other remedies, civil or
criminal, that otherwise are available under law for the commission
of perjury.
   (b) The final declaration of disclosure shall include all of the
following information:
   (1) All material facts and information regarding the
characterization of all assets and liabilities.
   (2) All material facts and information regarding the valuation of
all assets that are contended to be community property or in which it
is contended the community has an interest.
   (3) All material facts and information regarding the amounts of
all obligations that are contended to be community obligations or for
which it is contended the community has liability.
   (4) All material facts and information regarding the earnings,
accumulations, and expenses of each party that have been set forth in
the income and expense declaration.
   (c) In making an order setting aside a judgment for failure to
comply with this section, the court may limit the set aside to those
portions of the judgment materially affected by the nondisclosure.
   (d) The parties may stipulate to a mutual waiver of the
requirements of subdivision (a) concerning the final declaration of
disclosure, by execution of a waiver under penalty of perjury entered
into in open court or by separate stipulation. The waiver shall
include all of the following representations:
   (1) Both parties have complied with Section 2104 and the
preliminary declarations of disclosure have been completed and
exchanged.
   (2) Both parties have completed and exchanged a current income and
expense declaration, that includes all material facts and
information regarding that party's earnings, accumulations, and
expenses.
   (3) Both parties have fully complied with Section 2102 and have
fully augmented the preliminary declarations of disclosure, including
disclosure of all material facts and information regarding the
characterization of all assets and liabilities, the valuation of all
assets that are contended to be community property or in which it is
contended the community has an interest, and the amounts of all
obligations that are contended to be community obligations or for
which it is contended the community has liability.
   (4) The waiver is knowingly, intelligently, and voluntarily
entered into by each of the parties.
   (5) Each party understands that this waiver does not limit the
legal disclosure obligations of the parties, but rather is a
statement under penalty of perjury that those obligations have been
fulfilled. Each party further understands that noncompliance with
those obligations will result in the court setting aside the
judgment.

Section: Previous  2100  2101  2102  2103  2104  2105  2106  2107  2108  2109  2110  2111  2112  2113  Next

Last modified: March 17, 2014