AB 2373

Bill Subjects

Abstract

(1) Existing law requires each party to a proceeding for a dissolution of marriage or legal separation to serve on the other party a preliminary declaration of disclosure of assets, as specified, and a final declaration of disclosure, as specified. A party who has complied with these disclosure requirements may waive his or her right to receive these disclosures from a party who has not complied, upon court approval, as specified. This bill would remove the need for court approval and instead authorize the complying party to waive the right to receive these disclosures by filing and serving a declaration, executed under penalty of perjury, waiving receipt of the noncomplying party's disclosures. The bill would require the declaration to include specific representations, including, among others, that the complying party is advised and informed that he or she is entitled to full financial disclosure from the other party and waives that right knowingly, intelligently, and voluntarily. By requiring the declaration to be executed under penalty of perjury, the bill would expand the crime of perjury, and thus impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.