In Arizona family law, one of the most important tools available to divorcing couples seeking to resolve issues amicably and efficiently is the Rule 69 agreement. allows parties involved in a divorce or legal separation to enter into binding agreements regarding nearly every aspect of their case without the stress and expense of a lengthy court trial.

An agreement under Arizona Rules of Family Law Procedure Rule 69 is essentially a contract between divorcing parties that resolves some or all contested issues in their case. For these agreements to be binding and enforceable, they must meet one of these requirements laid out in the rule:

• The agreement must be in writing and signed by both parties or their attorneys;

• Alternatively, it may be verbally stated and agreed to by the parties on the record in open court;

• Another option is to state the agreement on an audio recording made by a mediator or a settlement conference officer.

If these criteria are met, the agreement has the effect of a court order and is enforceable by the court, unless there is evidence of fraud, duress, or misrepresentation.

Rule 69 agreements give divorcing spouses considerable flexibility to craft creative, personalized solutions that suit their unique needs and circumstances. The spouses may control the outcome rather than leaving major life decisions to a judge. Here is how these agreements can help:

• Clarity and efficiency — The agreement can precisely state how major issues will be resolved. For example, it can set out a detailed parenting plan, specify how retirement accounts will be divided, or determine the amount and duration of spousal maintenance.

• Enforceability — Once validly created, the agreement becomes binding, so that if either party fails to follow the terms, the other party can ask the court to enforce the agreement.

• Reduced conflict — Many couples use mediation to help them resolve differences and develop a Rule 69 agreement that works for both sides.

• Time and cost savings — By reaching a Rule 69 agreement, couples can move their case toward a final decree more quickly and with substantially less legal expense.

Before signing a Rule 69 agreement, it is important for each spouse to fully understand their rights and obligations. An experienced Arizona divorce attorney can help you evaluate what aspects of your divorce proceeding might be amenable to a Rule 69 agreement and, depending on the level of cooperation of your spouse, whether there are issues that a judge may need to resolve.

At Clark & Schloss Family Law, P.C. in Scottsdale, we help divorcing spouses in Arizona resolve many of their disputes outside of court. For a consultation, please call our office at 602-789-3497 or contact us online anytime.