Legal Blogs

What Are The Declarations of Disclosure in a Divorce Case?

If you are going through a divorce or legal separation, you should be familiar with California’s disclosure requirements. These financial disclosure requirements are very strict, and compliance with them is of the utmost importance. California requires both a Preliminary Declaration of Disclosure, and a Final Declaration of Disclosure.

The Preliminary Declaration of Disclosure

Parties in every divorce or legal separation case are required to serve (not file) a Preliminary Declaration of Disclosure (“PDD”). The PDD identifies all assets the declarant has or may have an interest in, along with all of their liabilities. (Cal. Fam. Code § 2105(b)). PDD’s must be completed on forms approved by the Judicial Counsel of California, and are signed under penalty of perjury.

Along with their PDD, the declarant must serve copies of their two most recent tax returns. PDDs are served 60 days after the Petition for Dissolution is filed if you are the Petitioner, or 60 days after the Response Petition is filed if you are the Respondent.

Final Declarations of Disclosure

Final Declarations of Disclosure (“FDD”) are more complex than PDDs. FDDs must include all “material facts and information” regarding:

(1) the characterization of all assets and liabilities,

(2) the valuation of all assets that are community property or in which the community may have an interest,

(3) the amounts of obligations that are community obligations or in which the community may have liability, and

(4) the earnings, accumulations and expenses of each party that are not included in the income and expense declaration.

(Cal. Fam. Code § 2105(b)). FDDs must also contain an “accurate and complete written disclosure” of any investment opportunity that presented itself after the date of separation but which results from an investment made during the marriage.

Like PDDs, FDDs must be completed on Judicial Counsel approved forms, and are executed under penalty of perjury.

Unlike PDDs, FDDs can be waived. If they are not waived, FDDs must be served prior to trial.

Income and Expense Declarations

Along with the Preliminary and Final Declarations of Disclosure, parties must file income and expense declarations. These declarations are also filed whenever a party is asking the Court for a financial order such as spousal support, child support, or attorney’s fees.

Income and expense declarations require the declarant to identify their current income and expenses. Backup documentation must also be provided, including but not limited to pay stubs for the declarants last two months of pay.

Penalties for Noncompliance with Disclosure Requirements

California law emphasizes the importance of full and accurate financial disclosure in divorce cases. To that effect there can be very significant penalties assessed against parties who do not comply with California’s disclosure requirements. For example, if disclosure requirements are not complied with, it can be a basis for setting aside a judgement (Fam. Code § 2122(f)), and can also result in sanctions being imposed against the non-compliant party. (See Fam. Code § 2107).

Getting Legal Help

Brown & Charbonneau, LLP represents individuals as well as large and small companies in cases involving all forms of business disputes. If you are involved in a business dispute, or would like to learn about your rights and how to protect them, we can provide you with the information you need. Contact us or call today at 714-505-3000 to schedule a consultation and learn more about how we can help you.

For the latest legal news, follow Brown & Charbonneau, LLP on Twitter and join us on FacebookInstagram, and LinkedIn.

Brown & Charbonneau, LLP is a top-rated business litigation, corporate, real estate and family law firm in Irvine, California. We are honored to be named by Best’s Lawyers® as one of the Top Law Firms in the US, including the specialty area of commercial litigation. As an AV-rated law firm, we are proud of our 10.0 Superb Client Rating from Avvo. Our top-reviewed Southern California attorneys have also earned specializations from the State Bar of California, as Certified Trial Specialists, and are included amongst the elite attorneys to be named Super Lawyers®.


Should you have any other issues involving any of the below areas of practice, please feel free to contact us.

Our website is full of valuable information and resources.  Our goal is to provide as much information as possible to assist all our clients in making fully informed decisions.  Just click any area of interest.


Brown & Charbonneau, LLP publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.