In all divorce proceedings, there are a number of issues to be resolved before the process is finalized. Some of the issues that may arise in a divorce proceeding include awards of spousal support, awards of child support, the division of assets, and awards of attorneys’ fees.
The financial situations of each party play a very important role when it comes to resolving these issues. For this reason, the California Family Code delineates the requirements each party must follow when disclosing their financial information.
Preliminary Disclosures
Preliminary disclosures are financial disclosures made at the beginning of a divorce proceeding. These preliminary disclosures provide an accurate and unambiguous overview of your monthly income and expenses. They also provide an overview of your separate and community assets and debts.
Preliminary disclosures are used to determine several case issues, including a party’s need or ability to pay spousal support, child support, and attorneys’ fees. They are also used in evaluating property division.
Because of their importance, each party is required to provide the other party with their own preliminary disclosures, and these disclosures must be completed with honesty and accuracy.
When Are Preliminary Disclosures Made?
Pursuant to California Family Code § 2104(f):
- The Petitioner (person who filed for divorce) must serve their preliminary disclosures on the other party within 60 days after filing for divorce.
- The Respondent (person who did not file) must serve their preliminary disclosures within 60 days after filing their response to the divorce.
How Are Preliminary Disclosures Made?
California Family Code § 2104(c) details the contents of preliminary disclosures. You must include:
- A Preliminary Declaration of Disclosure (Form FL-140)
- Indicates that a party is providing all information necessary for a complete preliminary declaration.
- A Schedule of Assets and Debts (Form FL-142)
- Lists all assets: cars, jewelry, antiques, real estate, bank accounts, retirement funds, business interests, etc.
- Lists all outstanding debts.
- Must reflect the most up-to-date information reasonably available.
- An Income and Expense Declaration (Form FL-150)
- Details monthly income and monthly expenses.
- Must reflect the most up-to-date information reasonably available.
- Tax Returns filed in the previous two years.
- Statements of all material facts regarding valuation of community assets or community-interest assets.
- Statements of all material facts regarding obligations for which the community is liable.
- Disclosure of any investment, business, or other income-producing opportunities presented since the date of separation.
After serving preliminary disclosures, you must file a Proof of Service with the court to confirm they were served.
Failure to Serve Preliminary Disclosures
Under California Family Code § 2107, if a party:
- Fails to serve any preliminary disclosures, or
- Serves preliminary disclosures that lack required information,
then the other party may file a motion to compel compliance.
Penalties for non-compliance can include:
- Barring the non-complying party from presenting evidence on undisclosed issues.
- Monetary sanctions.
Navigating Your Preliminary Disclosures
Preliminary disclosures are a foundational step in any California divorce. They ensure both parties’ financial situations are fully disclosed so the court can make informed decisions on support, fees, and property division.
Gathering documents—bank statements, tax returns, property appraisals, credit-card bills—can be tedious and frustrating. But accurate disclosures protect your interests and keep your case moving smoothly.
At Harris & McKeown Law Firm, we’ve been assisting Orange County families with divorce and family law matters for over 10 years. If you need help preparing your preliminary declarations of disclosure, schedule a consultation by visiting our
website or calling (949) 297-6529.
DISCLAIMER
This information is provided for informational purposes only. Every case is different and this guide should not be construed as legal advice. This article does not create an attorney-client relationship. If you have legal questions, consult with a family law attorney.
