QUESTION

Can we forego the declaration of assets and listing our private and marital properties with some form of written agreement?

Asked on Aug 01st, 2015 on Divorce - California
More details to this question:
I am going through a divorce. My wife and I already separated our property 3 years ago when we separated, and have no disagreement on who gets what. Can we forego the declaration of assets and listing our private and marital properties with some form of written agreement?
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1 ANSWER

In California, the parties must exchange a current Income & Expense Declaration and a Schedule of Assets & Debts, along with a Declaration of Disclosure and a Declaration regarding the service upon the other party of the other three documents. The Declaration regarding Service must be filed with the court. Each party must have a complete understanding of the nature and extent of the community and separate property of the other before a knowing settlement can be entered into, otherwise, it could be set aside later.
Answered on Aug 06th, 2015 at 4:05 AM

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