Home Table of Contents

Rule 69. Binding Agreements

Arizona Revised Statutes AnnotatedRules of Family Law ProcedureEffective: January 1, 2022

Arizona Revised Statutes Annotated
Rules of Family Law Procedure (Refs & Annos)
Part VIII. Settlement and Alternative Dispute Resolution (“ADR”) (Refs & Annos)
Effective: January 1, 2022
17B A.R.S. Rules Fam.Law Proc., Rule 69
Rule 69. Binding Agreements
Currentness
(a) Validity. An agreement between the parties is valid and binding on the parties if:
(1) the agreement is in writing and signed by the parties personally or by counsel on a party's behalf;
(2) the agreement's terms are stated on the record before a judge, commissioner, judge pro tempore, or certified reporter; or
(3) the agreement's terms are stated in an audio recording made before a mediator or a settlement conference officer appointed by the court.
(b) Court Approval. An agreement under this rule is not binding on the court until it is submitted to and approved by the court as provided by law.
(c) Challenge to Validity. An agreement under section (a) is presumed valid, and a party who challenges the validity of an agreement has the burden to prove any defect in the agreement. Under A.R.S. § 25-324, the court may award a party the costs and expenses of maintaining or defending a challenge to the validity of an agreement that was made in accordance with this rule.

Credits

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Sept. 30, 2021, adopted on a permanent basis effective Jan. 1, 2022.
17B A. R. S. Rules Fam. Law Proc., Rule 69, AZ ST RFLP Rule 69
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
End of Document