What is Rule 69 Agreement and Can it Be Helpful in Your Divorce?

When going through a divorce, there are multiple issues that need to be resolved, such as property division, spousal maintenance, child custody and child support. Making the process as straightforward and organized as possible can go a long way towards easing stress for all involved and minimizing legal costs. In Arizona, a Rule 69 agreement is a device designed to help divorcing spouses resolve many of their differences out of court.

A Rule 69 agreement is a plan that can effectively settle various matters relevant to a divorce. If the parties are able to reach agreement on financial and parenting issues, these provisions can be included in the Rule 69 agreement and presented to the court. The court will then only need to resolve remaining disputed issues, if any, thereby simplifying the case and minimizing the time for completion.

There are three main statutory requirements for a Rule 69 agreement:

  1. It must be set forth in writing and must be signed by the parties or their attorneys. This verifies that all parties fully understand the agreement and accept its terms.
  2. It must be recorded in the presence of a mediator or a settlement counselor appointed by the court to facilitate an agreement. If the parties enter a Rule 69 agreement as part of this process, the terms of that agreement can be recorded in the presence of such a professional.
  3. It must be read before a judge, commissioner or court reporter to present and confirm its terms and to inform the court of the issues that have been resolved.

Once presented to the court, the Rule 69 agreement can narrow and focus any remaining divorce proceedings by helping the court to put its attention towards issues that the parties were not able to resolve on their own. An experienced Arizona divorce attorney can help you evaluate what aspects of your divorce proceeding might benefit from a Rule 69 agreement and, depending on the level of cooperation of your spouse, whether there are certain issues, such as child support or child custody, that a judge may need to be involved in resolving.

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