40-4-253. Final declaration of disclosure -- failure to disclose current income and expense declaration -- penalty. (1) (a) Each party shall serve on the other party a final declaration of disclosure and a current income and expense declaration, executed under penalty of perjury:
(i) before or at the time that the parties enter into an agreement for the resolution of property or support issues, other than pendente lite support; or
(ii) in the event that the case goes to trial, no later than 45 days before the first assigned trial date.
(b) The parties may, by written stipulation or by oral stipulation made in open court, agree to change the time for exchange of final declarations of disclosure.
(2) The final declaration of disclosure must include all material facts and information regarding the:
(a) characterization of all assets and liabilities;
(b) valuation of all assets that are contended to be marital or for which it is contended that the marital estate has an interest;
(c) amounts of all obligations that are contended to be marital obligations or for which it is contended that the marital estate has liability; and
(d) expenses and earnings and accumulations of each party that have been set forth in the income and expense declaration.
(3) Along with the final declaration of disclosure, each party shall serve on the other party an updated income and expense declaration unless a current income and expense declaration is on file.
(4) The failure of a party to disclose an asset or liability on the final declaration of disclosure is presumed to be grounds for the court, without taking into account the equitable division of the marital estate, to award the undisclosed asset to the opposing party or the undisclosed liability to the noncomplying party.
(5) In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers, within 5 years from the date of entry of judgment, that a party has committed perjury in the final declaration of disclosure.
History: En. Sec. 3, Ch. 326, L. 1997.
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