Going through a divorce or family law issue in Arizona is never easy. Whether you’re facing the end of a marriage, a custody dispute, or any other painful family situation, this time in your life is likely filled with uncertainty, stress, and raw emotions. As you navigate the complex divorce process, it’s important to understand how certain laws and rules in Arizona may impact your case. One such rule that can substantially affect how your divorce unfolds is Rule 69 of the Arizona Rules of Family Law Procedure. 

What is Rule 69, and Why is it Beneficial? 

In essence, Rule 69 allows divorcing spouses in Arizona to settle some or all of their disputes on their own. The family court will ultimately decide any remaining divorce matters. This includes the division of property, legal decision-making, parenting time, child support, and spousal maintenance. If the spouses can negotiate a comprehensive divorce settlement through Rule 69, also known as a Rule 69 Agreement, they can streamline the process and avoid drawn-out, expensive divorce litigation. 

Further, and especially when it comes to children, it is almost ALWAYS better to have control of the outcome, as opposed to going to trial and leaving a judge to decide what is best for your family. 

Here’s how it typically works: the spouses, often with the guidance of their respective divorce attorneys, will discuss and come to an agreement on the major issues in their divorce. They’ll put the terms of their agreement in writing, sign the document, and submit it to the court for approval. A judge will review the Rule 69 Agreement to ensure it is fair, equitable, and in the best interests of any minor children. If the judge determines the agreement meets those criteria, they will enter it as an enforceable court order.

Even if you can’t agree on everything, a Rule 69 agreement allows you to settle the issues you can resolve – without going to court. 

Achieving a Rule 69 Agreement will almost always be faster and less expensive than going to trial. By settling most of your case outside of court, you skip over all the steps involved in preparing for and conducting a full divorce trial – things like engaging in extensive discovery, attending depositions, paying for experts, and having lengthy evidentiary hearings before a judge. 

While Rule 69 Agreements can be tremendously beneficial in many situations, they are not right for every case. It’s important to understand some key requirements. Under A.R.S. § 25-317, a Rule 69 Agreement must be in writing, signed by both parties and notarized or witnessed by a clerk of the Superior Court.  

Challenging or Modifying a Rule 69 Agreement

In general, once a Rule 69 Agreement has been accepted and signed off on by the court, it becomes a binding court order. Like other types of contracts, Rule 69 Agreements can only be undone under very limited circumstances. A party seeking to overturn a validly executed Rule 69 Agreement will have a steep uphill battle.

The Court will not undo a Rule 69 Agreement unless it finds that the terms are substantially unfair after considering the economic circumstances of the parties and other evidence presented at trial.  If a spouse can show they were tricked or pressured into signing the agreement against their will or that they lacked the mental capacity to understand it, a court may set it aside. 

A Rule 69 Agreement is like any other family law order and can be modified under limited circumstances. The courts may consider it if it is in the best interests of any children involved. While child support, legal decision-making, and parenting time arrangements in a Rule 69 Agreement can potentially be modified down the line if a parent can show a substantial and continued change in circumstances, property divisions are virtually always final and not modifiable.  

The Importance of Independent Legal Advice

If you are considering using the Rule 69 process to settle your divorce in Arizona, it is absolutely essential that you have your own divorce attorney advising you. While Rule 69 can work well in cases where the spouses see eye-to-eye on the major issues, if there are power imbalances or areas of strong disagreement, you need an experienced advocate to protect your rights and look out for your interests during negotiations.  

Your divorce law firm can make sure you understand the long-term ramifications of any settlement terms so that you don’t agree to an unfair deal in the heat of the moment. An Arizona divorce attorney will help you understand the true value of assets, estimate reasonable spousal maintenance and child support payments, and protect your parental rights. If a spouse tries hiding assets or income, your divorce lawyer can push for information and documents during disclosure.

Lawyers can also add value to Rule 69 negotiations by helping spouses find constructive compromises, offering objective insights, and even bringing in outside professionals like financial neutrals, mediators, or co-parenting counselors to assist with the process. The involvement of calm, rational counsel can be a game-changer in emotionally fraught situations.

Ultimately, deciding whether to pursue a Rule 69 Agreement in your Arizona divorce is deeply personal. What’s right for one family may not be advisable for another. But if you and your spouse are committed to working together in good faith to resolve matters outside of court, it’s an avenue well worth exploring. By reaching a full or partial agreement under Rule 69, you can maintain greater control over the outcomes, save time and expense, reduce conflict, and emerge from your divorce with more confidence and clarity as you embark on the next stage of life.

Contact Our Tempe & Chandler Rule 69 Attorneys Today

If you’re facing a divorce in Tempe, Arizona, let the experienced divorce attorneys at Blake & Pulsifer help you through this difficult time. We can discuss all your legal options and help you move into a brighter future. Call us today at 480-838-3000 or fill out our confidential contact form.