Settling Your Divorce with a CR2A Agreement

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Settling Your Divorce with a CR2A Agreement
Written By: Josh Lowell ~ 6/24/2024


Divorce can be a challenging and emotionally taxing process. Many couples find that settling their differences outside of court can lead to more amicable outcomes. In Washington state, one of the effective tools for reaching a settlement is the CR2A settlement agreement.

What is a CR2A Settlement Agreement?

A CR2A settlement agreement refers to an agreement reached under Washington Court Rule 2A (CR 2A). This rule provides that agreements made in the course of litigation, including divorce proceedings, can be binding and enforceable if certain conditions are met. Essentially, a CR2A agreement can be either an oral agreement made in open court or a written agreement signed by both parties (or their attorneys). These agreements often serve to resolve various issues in a divorce case, such as property division, child custody, and support obligations, without the need for a prolonged court battle.

What Does a CR2A Settlement Agreement Look Like?

A typical CR2A settlement agreement in a divorce case will include:

  1. Identification of Parties: Names of the divorcing spouses.

  2. Settlement Terms: Detailed description of the agreed-upon terms regarding asset division, debt allocation, child custody arrangements, child support, spousal support, and any other pertinent issues.

  3. Signatures: Signatures of both parties or their attorneys, affirming their consent to the terms.

  4. Date: The date when the agreement is signed.

The agreement can be a standalone document or part of a larger settlement package. It must be clear and unambiguous to ensure enforceability.

How is a CR2A Settlement Agreement Used in Washington?

In Washington state, CR2A agreements are commonly used during divorce proceedings to streamline the resolution process.

Here's how they are typically utilized:

  1. Negotiation: Parties negotiate terms with or without the help of their attorneys.

  2. Drafting the Agreement: Once terms are agreed upon, the agreement is drafted, either in writing or orally recorded in court.

  3. Submission to Court: The agreement is then submitted to the court for approval. If made in open court, the agreement is part of the court record; if in writing, it may be filed with the court (or if properly documented, it can be incorporated by reference).

  4. Court Approval: The court reviews the agreement to ensure it is fair and conscionable. If approved, it becomes part of the final divorce decree.

Enforcing a CR2A Settlement Agreement

If one party fails to comply with the terms of a CR2A agreement, the other party can seek enforcement through the court. The process involves:

  1. Motion to Enforce: Filing a motion with the court requesting enforcement of the agreement.

  2. Motion for Contempt: If the violation was related to parenting or support, a party may be able to file a Motion for Contempt.

  3. Hearing: A court hearing where both parties can present their case.

  4. Court Order: If the court finds the agreement was validly made and is clear in its terms, it can issue an order enforcing the agreement.

Enforcement can include compelling a party to perform specific actions, imposing fines, or modifying the original decree to reflect the agreed terms.

Types of Agreements Settled by CR2A Contracts

CR2A agreements can cover a wide range of issues in a divorce, including but not limited to:

  • Property Division: How marital property and debts are divided.

  • Child Custody and Visitation: Arrangements for legal and physical custody, visitation schedules, and decision-making responsibilities.

  • Child Support: The amount and duration of child support payments.

  • Spousal Support: Whether one party will pay alimony to the other and the terms of such payments.

  • Other Issues: Any other matters the parties wish to settle, such as tax considerations, future dispute resolution mechanisms, and retirement account divisions.

Is a CR2A Settlement Agreement Right For You?

A CR2A settlement agreement offers divorcing couples in Washington state a way to resolve their disputes amicably and efficiently. By ensuring that agreements are clearly documented and signed, or made in open court, parties can have peace of mind knowing that their settlement is legally binding and enforceable. For those navigating the complexities of divorce, understanding and utilizing CR2A agreements can lead to more favorable and harmonious outcomes.

If you have any questions about CR2A agreements or need assistance with your divorce case, contact our office for a consultation. Feel free to call the law offices of Magnuson Lowell PS for a free telephone case evaluation 425-800-0582

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