Preliminary vs Final Declaration of Disclosure Waiver | Form FL-144

Preliminary vs. Final Declaration of Disclosure & Mutual Waiver Rules

Understanding the critical legal distinction between Preliminary Disclosures (which can never be waived) and Final Disclosures (which can be waived under § 2105(d)).

1. Preliminary Disclosures Can NEVER Be Waived

Under California law, a dissolution judgment cannot be entered by default or by settlement without proof that the preliminary declarations of disclosure were served. The court has no statutory jurisdiction to waive preliminary disclosures (Fam. Code § 2104).

2. Mutual Waiver of Final Declaration of Disclosure (Form FL-144)

Parties who resolve their case by marital settlement agreement or stipulated judgment can mutually agree to waive the Final Declaration of Disclosure under Family Code § 2105(d) by executing Form FL-144 (Stipulation and Waiver of Final Declaration of Disclosure).

3. Strict Requirements for a Valid FL-144 Waiver:

Both parties must have fully complied with and served their Preliminary Declarations of Disclosure.
Both parties must have served an updated, current Form FL-150 Income & Expense Declaration.
The waiver must be executed voluntarily and knowingly under penalty of perjury.

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