What is a Rule 69 Agreement?

Categories: Arizona Divorce, Podcasts

What is a Rule 69 Agreement in Arizona?

When spouses who have children are getting separated or divorced they have the option of meeting privately ahead of divorce trial proceedings to discuss issues such as visitation and parenting time, child support,  and how to divide assets. If both parties can come to a reasonable solution on these issues they can enter into a rule 69 agreement, a signed document read before the court, and audio recorded in the presence of a mediator or settlement conference officer. 

The Rule 69 can be a very helpful thing as parties are talking about mediations and settlements which means divorcing couple are working together to resolve their differences, decide in their best interests or in the case of a divorce with children or custody, something that’s in the best interests of their children.Ultimately, the purpose of a rule 69 agreement is to save time in Arizona court proceedings so that only unresolved issues will need to be discussed in front of a judge.

Rule 69 Agreement in Arizona

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Can You Enter Into a Partial Rule 69 Agreement?

You can enter into partial agreements or partial Rule 69 agreements which might resolve issues related to just a portion of all of the outstanding issues in any sort of divorce or separation that the parties are going through. You can enter into an agreement with regard to maybe legal decision making, parenting time and child support and then leave other issues for the court to determine or for the parties to re-address at a later time.

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Does a Partial Rule 69 Agreement Need To Be In Writing and Filed With the Court?

A partial Rule 69 agreement can be recorded on any sort of audio recording device but it is always recommend that any agreement be memorialized in writing and then signed by the parties. That is another requirement of the Rule 69 but to have it recorded and in writing and signed by the parties is even better.

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How Do I Get Out of a Rule 69 Agreement?

If you enter into a Rule 69 agreement and agree to something that you later want to get out of, the burden is going to be on you as the party that’s challenging the validity of the agreement. You’ve got to prove a defect in the agreement based on the new information you find. Absent any fraud, undue influence and as long as the agreement is fair and reasonable, there is a very slim chance that you would be able to get out of that Rule 69 agreement. A person needs to be really sure that this is the ultimate agreement they want to enter into, no different than if it was a comprehensive agreement that included every single issue.

Rule 69 Agreement AZ

When the parties enter into a Rule 69 agreement in front of the court on the record, the court actually goes through and asks both of the parties several questions about, do they understand the agreement? If they’ve got counsel, have they talked to their counsel about the agreement? Are they free from any coercion, duress or undue influence? Have they been threatened in any way? When we talk about kids, is it in the children’s best interests? Do they believe it’s in the children’s best interests? A lot of precautions are taken so to speak, when you talk about entering into a Rule 69 agreement.

Have Questions About a Rule 69 Agreement in Arizona?

Speaking with a qualified family law attorney near you can further clarify the purposes of a rule 69 agreement. 

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Check Out the Arizona Family Talk Radio Podcast on the Rule 69 Agreement

The Arizona Family Talk Radio is a podcast about all things family with your host family law attorney, Scott David Stewart.

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