CALIFORNIA CODES
CALIFORNIA FAMILY CODE
Division 6. NULLITY, DISSOLUTION, AND LEGAL SEPARATION
Part 1. GENERAL PROVISIONS
Chapter 9. DISCLOSURE OF ASSETS AND LIABILITIES
Current through 2010
§ 2104.
(a) Except by
court order for good cause, as provided in Section 2107, after or
concurrently
with service of the petition for dissolution or nullity of
marriage or legal
separation of the parties, each party shall serve on the other
party a
preliminary declaration of disclosure, executed under penalty of
perjury on a
form prescribed by the Judicial Council. The commission of perjury
on the
preliminary declaration of disclosure 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
preliminary declaration of disclosure shall not be filed with the
court, except
on court order. However, the parties shall file proof of service
of the
preliminary declaration of disclosure with the court.
(c) The
preliminary declaration of disclosure shall set forth with
sufficient
particularity, that a person of reasonable and ordinary
intelligence can
ascertain, all of the following:.
(1) The identity
of all assets in which the declarant has or may have an interest
and all
liabilities for which the declarant is or may be liable,
regardless of the
characterization of the asset or liability as community,
quasi-community, or
separate.
(2) The
declarant's percentage of ownership in each asset and percentage
of obligation
for each liability where property is not solely owned by one or
both of the
parties. The preliminary declaration may also set forth the
declarant's
characterization of each asset or liability.
(d) A declarant
may amend his or her preliminary declaration of disclosure without
leave of the
court. Proof of service of any amendment shall be filed with the
court.
(e) Along with
the preliminary declaration of disclosure, each party shall
provide the other
party with a completed income and expense declaration unless an
income and
expense declaration has already been provided and is current and
valid.
History. Amended by
Stats
2009 ch 110 (AB
459), s
1, eff.
1/1/2010.