Q: Do we still need to fill out financial forms since my husband and I have come up with our own divorce agreement?
I am represented by an attorney and my husband is representing himself.
A: Before any judgement can be entered by the court, there must be a declaration filed with the court stating that each party served at least there "preliminary declaration of disclosure". There is a Judicial Council form that can be used however, for waiving financial disclosures. Both parties must sign this form as a stipulation. I'm curious why you using this website to ask this question when you are represented by counsel. Why not ask your attorney?
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A:
In California, even if you and your husband have reached your own agreement, you are both required to fill out and exchange financial disclosure forms when going through a divorce. This is a mandatory part of the process and includes the completion of the Preliminary Declaration of Disclosure, which involves forms like the Income and Expense Declaration (FL-150) and the Schedule of Assets and Debts (FL-142) or a Property Declaration (FL-160).
These disclosures must be served on the other party, even if there is an agreement, to ensure that both parties make informed decisions regarding their property and financial rights. Failure to complete these disclosures can result in the agreement being set aside, among other potential legal consequences. It is important to consult with your attorney to ensure all legal requirements are met in finalizing your divorce agreement.
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