CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Declarations of Disclosure
 12 Cards On This Topic:
  • Summary of Law: Declarations of disclosure.
  • Policy underlying declarations of disclosure.
  • Parties may be compelled to produce declarations of disclosure exchanged in mediation.
  • A settlement agreement made before the filing of a petition for the dissolution of marriage, but in contemplation of it, is not unenforceable due solely to the parties’ failure to first serve disclosure declarations.
  • Parties may enter into enforceable mediated settlement without complying with formal disclosure requirements; however, compliance with section 2106 required prior to entry of judgment.
  • Spouses' failure to exchange final decls of disclosure is not a "get-a-new-trial-free" card, giving either the automatic right to new trial or reversal on appeal where no miscarriage of justice.
  • MSA and judgment properly set aside based on H's unilateral mistake of fact as to number and value of W's pension plans; W had duty to provide complete information in her Declaration of Disclosure.
  • Entering judgment where parties did not exchange preliminary declarations of disclosure harmless error where W failed to show prejudice. [Caveat.]
  • Harmless error to enter judgment despite H's failure to execute and serve declaration of disclosure on W. [Caveat.]
  • Judgment set aside where no statute permitted parties to waive exchange of declarations of disclosure at time of the instant dissolution.
  • If divorcing parties enter agreement to settle property or support issues by private arbitration, may do so without complying with Fam. Code §2104 or Fam. Code §2105.
  • Court can't enter judgment confirming arbitration award re marital property rights w/out good cause finding no final declarations necessary, parties complied with FC §2106, or written waiver/stip.


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