California divorce requires substantial financial disclosure between spouses. Preliminary declarations of disclosure play a fundamental role in that process and generally cannot simply be waived by agreement. Final declarations of disclosure are different. California permits spouses to mutually waive the final declaration under specified requirements, but doing so does not eliminate their broader financial disclosure and fiduciary obligations.

Preliminary and Final Disclosures Are Different

California generally requires each spouse to provide both preliminary and final declarations of disclosure as part of the divorce process.

The preliminary declaration provides information concerning the parties’ assets and liabilities, income, and expenses. Compliance with the preliminary disclosure requirements is generally required before a California divorce can proceed to judgment concerning property rights, subject to limited statutory exceptions.

Final declarations occur later in the case and are intended to provide updated financial information before the parties resolve their property rights.

The final disclosure requirement, unlike the preliminary requirement, can be mutually waived in qualifying cases.

That distinction is important. Agreeing that both spouses would prefer to avoid another round of paperwork does not permit them to disregard the preliminary disclosure requirements.

A Waiver of Final Disclosure Requires a Formal Agreement

A valid waiver of the final declaration of disclosure is not simply an informal understanding between spouses.

The parties may mutually waive final disclosures through a waiver made under penalty of perjury. The waiver must be entered in open court or executed through a separate stipulation.

The required representations associated with the waiver address the parties’ compliance with their disclosure responsibilities and their understanding of the consequences of proceeding without exchanging final declarations.

A final disclosure waiver therefore should not be understood as permission to conceal financial information.

The spouses’ fiduciary duties continue to matter. The authority to waive final declarations was not intended, by itself, to alter the fiduciary obligations spouses owe one another or eliminate rights and responsibilities concerning disclosure.

Similarly, the waiver does not necessarily eliminate issues concerning a later request to set aside a judgment. The effect of a waiver on such a request depends on the applicable law and the circumstances of the particular case.

Disclosure Problems Can Affect Entry of Judgment

When final declarations have not been validly waived, compliance with the disclosure requirements can directly affect whether the family court may enter judgment concerning property rights.

Generally, the required final declarations and current income and expense information must be served before judgment unless a permitted waiver or another applicable exception applies.

The parties or their attorneys must also provide the court with the required declarations confirming that the disclosure documents were served or that final disclosures were properly waived.

A spouse who fails to provide required disclosures can face court proceedings intended to obtain compliance. A complying spouse may seek an order compelling further disclosure and, in appropriate circumstances, other remedies concerning information that should have been provided.

Financial disclosure obligations also require sufficient detail. Simply providing a document labeled as a declaration does not necessarily satisfy the obligation if material financial information that should have been disclosed is omitted or inadequately described.

Waiving Final Disclosure Does Not Mean Waiving Financial Transparency

California spouses may mutually waive final declarations of disclosure when they follow the required procedure, but preliminary disclosures generally remain mandatory. More importantly, a final disclosure waiver does not eliminate the spouses’ continuing fiduciary and financial disclosure obligations. The distinction allows qualifying spouses to proceed without a formal final declaration while preserving the fundamental requirement that property and financial issues in a California divorce be resolved with the required material information disclosed.