The divorcing spouses can make child-related and property settlement agreements in Washington State out of court. Such agreements are governed by the WA Superior Court Civil Rule 2A (CR2A).
In this article, you will find more details about CR2A in Washington State, its components, benefits, and enforcement measures.
Understanding CR2A Agreement in Washington State
In Washington State, the court allows the settlement of any case matters in civil litigation outside the courtroom. In other words, if parties to a lawsuit have reached an agreement concerning their case and signed such a document, or their attorneys did, it becomes enforceable and binding, just like any other contract.
In WA, such agreements are governed by Washington rules of civil procedure, specifically CR2A, which states that:
“No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same.”
Key Components of a CR2A Agreement
In the context of a divorce, WA state Civil Rule 2A allows spouses to settle all their disputes on their own and sign a contract, typically known as a marital settlement agreement, outlining their rights and obligations after their marriage is terminated. The terms set out may concern child custody and support, alimony, property division, debt allocation, and other aspects pertaining to divorce.
A typical divorce settlement in Washington State would include the following sections:
- Full names of the divorcing spouses.
- Case number.
- The name of the court where the case is reviewed.
- Names of the children, if any.
- A detailed description of the settlement terms agreed upon by the spouses.
- Signatures of the parties to the case.
- The date when the agreement was signed.
Benefits of a CR2A Settlement Agreement in Washington
The primary benefit of a CR2A agreement is a chance to end your marriage on your own terms. Even though the judge may refuse to approve some provisions and amend them to make them fairer or more compliant with the law, this contract demonstrates your wishes, dictating the right direction for the court’s decisions.
Besides, such agreements save time, money, and effort and minimize stress associated with tense court procedures. When all the disputes are settled and recorded in the contract, you do not have to hire attorneys, spending thousands on prolonged negotiations with them, attend numerous hearings, or undergo a stressful trial. You’ll likely need one meeting with the judge so they can review the document, approve it, and sign the final order.
Finally, a CR2A agreement is a chance to end your marriage as amicably as possible. Firstly, instead of fighting for parenting rights or marital house with your spouse in the courtroom, you can peacefully discuss everything in the comfort of your home and come to agreements that are beneficial for all. Secondly, mutually advantageous terms may help minimize conflicts with your ex post-divorce.
Enforcing a CR2A Settlement Agreement
A CR2A settlement agreement becomes enforceable once signed by both spouses. If either party violates or refuses to comply with the terms outlined in it, the other party may ask the court for enforcement measures by filing a corresponding motion. Enforcement measures may include imposing fines, compelling the violator to perform some actions, or modifying the initial judgment.
Veronica Wuest is a full-time writer and a paralegal who specializes in subjects related to divorce. In her articles, Veronica explores the intricacies of married life, love, and relationships. In addition, she gives practical recommendations and offers guidance for couples who’ve been through the ups and downs of relationships or decided to end them. In her free time, Veronica enjoys yoga and pilates. She is also an avid cook and enjoys trying out new recipes.