Is the failure of one party to comply with the Family Code disclosure requirements a ground to set aside the judgment?

California, United States of America


The following excerpt is from Copeland v. Huberman (In re Copeland), B267917 (Cal. App. 2018):

Nor is the failure of any party to comply with the mandatory disclosure requirements of the Family Code a ground to set aside the judgment. Under section 2105, parties must serve each other with final declarations of disclosure and a current income and expense statement "before or at the time the parties enter into an agreement for the resolution of property or support issues." ( 2105, subd. (a); Lappe v. Superior Court (2014) 232 Cal.App.4th 774, 781.) The parties also "shall execute and file with the court a declaration signed under penalty of perjury stating that service of the final declaration of disclosure . . . was made on the other party" before judgment is entered. ( 2106.) A judgment entered when the parties have failed to comply with the disclosure requirements may be set aside to the extent the nondisclosure "materially affected" the judgment. ( 2105, subd. (c).)

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