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Financial Disclosure Waiver

Posted on October 25, 2019February 22, 2020 by Editor

Financial Disclosure Waiver

A Financial Disclosure Waiver is one party’s acknowledgment that they have disclosed all financial information and that since disclosing there have been no substantial changes.

Family Code

Under Family Code Section 2105(d) you and your spouse agree to waive the requirements under Family Code Section 2105(a) concerning the financial declaration of disclosure.

You and your spouse agree to the following:

Both parties have complied with Section 2104 and the preliminary declarations of disclosure have been completed and exchanged.
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.
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.
The waiver is knowingly, intelligently, and voluntarily entered into by each of the parties.
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.
The commission of perjury on the final declaration of disclosure by a party may be grounds for setting aside the judgment.