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Stipulation

September 20, 2022 Cindy Best

A stipulation is an agreement between parties or their attorneys about a fact, a procedure, a deadline, or a requested order. In Arizona family law stipulations are used to extend disclosure deadlines, to agree on an uncontested fact, to jointly request a continuance, or to memorialize an agreed order.

A stipulation between attorneys about a procedural matter is typically binding on both parties. A stipulation about substantive rights such as what spousal maintenance will be, how property will be divided needs to be formalized and signed in a proper agreement and presented to the court for approval to be enforceable as a court order.

Get stipulations in writing. A verbal stipulation between parties can be disputed and is difficult to enforce. A written stipulation signed by both attorneys or both parties creates a clear record.

Not every agreement needs to be a formal stipulation. But any agreement that affects case deadlines, court dates, or substantive rights should be documented in writing at the time it is made rather than reconstructed from memory later.

 

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