Can a Judge Reject a Divorce Settlement In Arizona
Some people going through a divorce ask can a judge reject a divorce settlement in Arizona. So, we wanted to talk about a court rejecting a divorce settlement in Arizona.
Couples in Arizona who are contemplating divorce can enter into marital settlement agreements regarding their property and financial obligations. But is the divorce court required to accept them? In Wick v. Wick, 489 P.2d 19, 107 Ariz. 382 (1971), the Arizona Supreme Court discussed the divorce court’s duty and authority in entering a property division order when the spouses themselves have reached a settlement.
Facts of the Case
Henry Wick filed for divorce in Arizona from Jane Wick in 1965. About one year later, Henry and Jane settled their divorce case by signing a contract called “Separation and Property Settlement Agreement.” Henry almost immediately broke the contract and Jane filed a contract case against him. He admitted having signed the settlement but he then claimed it was an invalid contract.
The divorce and contract actions proceeded to trial together and the court entered separate rulings on each of them. It ruled for Jane in the contract action and denied Henry’s claims that the settlement was illegal or should be rewritten. However, the court declined to incorporate the property division set out in the settlement agreement into the divorce.
The court said that it wasn’t a fair and equitable division of community property. Instead, the court incorporated some parts of it and modified other parts. Jane appealed the divorce court’s failure to incorporate the entire settlement agreement into the divorce decree. Henry appealed the judgment entered for Jane in the contract action.
The Arizona Supreme Court agreed completely with the divorce court that the contract between the spouses was valid and enforceable. It denied Jane’s claim for attorney fees under the contract action since she was awarded one attorney fee amount for both actions combined.
The sole issue in the divorce action was whether the trial court should have incorporated the entire property settlement agreement into the divorce decree. Jane argued that the divorce court could not disregard or modify the property distribution provisions of the settlement agreement merely because it felt the division agreed to was not fair and equitable.
It was obliged to accept them. The Court disagreed, saying this was a misstatement of the law in Arizona. The Court said that nothing the spouses might agree to would limit the power given the divorce court to effect a fair and equitable settlement.
The Court discussed Arizona law about divorce settlements. It noted that spouses can, by a valid agreement between them, settle all of the property issues arising in a divorce. Normally, a divorce court will approve a valid agreement and incorporate it into the divorce decree, provided the settlement is free from any taint of fraud, coercion or undue influence, that the spouses acted with full knowledge of the property and their rights, and that the settlement was fair and equitable.
However, the Supreme Court stated that an Arizona divorce court is not bound to accept a property settlement agreement between spouses. The court’s duty is to enter a division of community property that is “just and right.” Therefore, the trial court here was not required to adopt Jane and Henry’s property settlement agreement.
Rather, the court’s duty was to figure out a property division that the court felt was fair, just and equitable, regardless of the agreement which had been entered into by the parties. The court could not be kept from this duty just because Jane and Henry entered into a property settlement agreement.
If you need information about when a judge can reject a divorce settlement in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce attorneys have over 100 years of combined experience successfully representing clients in divorce cases in Arizona.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona divorce case around today.
More Articles About Divorce in Arizona
- The advantage of Filing Divorce First in Arizona
- Are Prenuptial Agreements Enforceable in Arizona
- Arizona Divorce
- Arizona Divorce Attorney Reviews
- Arizona Divorce Child Custody
- Arizona Divorce Debt
- Arizona Divorce Forms
- Arizona Divorce Laws
- Arizona Divorce Laws Alimony
- Arizona Divorce Laws and Statutes
- Arizona Divorce Laws on Adultery
- Arizona Divorce Papers
- Arizona Divorce Practice
- Arizona Divorce Process
- Arizona Divorce Records Search
- Arizona Marriage Laws
- Asset and Property Search in an Arizona Divorce
- Arizona Divorce When You Can’t Find Your Spouse
- Change to Maiden Name After Divorce in Arizona
- Changing Orders in an Arizona Divorce Decree
- Children and Divorce in Arizona
- College Expenses After Divorce in Arizona
- Complex Divorce Cases in Arizona
- Conciliation Court Services in Arizona
- Consent Required for Marriage of Minors in Arizona
- Considering the Children during a Divorce in Arizona
- Convert to a Covenant Marriage in Arizona
- Coping With Divorce in Arizona
- Court Services to Save a Marriage in Arizona
- Custody of the Family Pet in a Divorce in Arizona
- Dissolution of Marriage in Arizona
- Divorce After Legal Separation in Arizona
- Divorce and Children in Arizona
- Divorce Arizona
- Divorce Case is on the Inactive Calendar in Arizona
- Divorce Court Jurisdiction in Arizona
- Divorce in Arizona Without Children
- Divorce Procedures in Arizona
- Divorce Records in Arizona
- Divorce Statistics in Arizona
- Divorce Support Groups in Arizona
- Domestic Violence and Divorce in Arizona
- Effect of Adultery on an Arizona Divorce
- Effects of Divorce on Children in Arizona
- Enforceable Arizona Prenuptial Agreements
- Failure to Include an Issue in an Arizona Divorce
- Filing for Divorce in Arizona
- Filing for Divorce to Receive Alimony in Arizona
- Guide to Divorce for Men in Arizona
- High Asset Divorce in Arizona
- High Conflict Divorce in Arizona
- High Net Worth Divorce Arizona
- How is a Divorce Finalized in Arizona
- How Long Does a Contested Divorce Take in Arizona
- How Long Does it Take to Get a Divorce in Arizona
- How Long Does it Take to Get Divorced in Arizona
- How Long Does Uncontested Divorce Take in Arizona
- How Long To Be Separated Before Divorce in Arizona
- How long to get Temporary Orders in Arizona
- How Much Does it Cost to Get a Divorce in Arizona
- How to Appeal a Divorce Decree in Arizona
- How To Find Good Divorce Attorney in Arizona
- How to Start a Divorce in Arizona
- Learn About Uncontested Divorce in Arizona
- Legally Separated File Divorce in Arizona
- Marital Settlement Agreement in Arizona
- The merger of the Settlement Agreement in Arizona
- Military Divorce Laws in Arizona
- Misled Into Signing Divorce Settlement in Arizona
- Modifying a Divorce Decree in Arizona
- No Contest Divorce in Arizona
- No-Fault Divorce in Arizona
- Order to Pay Spouses Attorney Fees in Arizona
- Parenting Class During a Divorce in Arizona
- Petition for Dissolution of Marriage in Arizona
- Protect Children in a Divorce in Arizona
- Quick Divorce in Arizona
- Reasons for Divorce in Arizona
- Reasons to File for Divorce in Arizona
- Represent Yourself in Arizona Divorce Case
- Same-Sex Divorce in Arizona
- Sealing Court Records in an Arizona Divorce
- Sell Home During Divorce in Arizona
- Selling Property During a Divorce in Arizona
- Served With Divorce Papers in Arizona
- Serving Divorce Papers by Publication in Arizona
- Should I Keep the House in a Divorce in Arizona
- Social Media Evidence in Divorce in Arizona
- Stop an Arizona Divorce
- Stop an Arizona Divorce if You Change Your Mind
- What Happens at a Resolution Management Conference in Arizona
- What Happens If the Divorce Case Goes to Trial in Arizona
- What Happens Temporary Orders Hearing in Arizona
- What is a Covenant Marriage in Arizona
- What is a Default Divorce in Arizona
- What is a Family Law Master in an Arizona Divorce Case
- What is a Preliminary Injunction in an Arizona Divorce
- What is a Temporary Orders Hearing in Arizona
- What is the Divorce Process in Arizona
- What Reasons Do I Need to Obtain a Divorce in a Covenant Marriage in Arizona
- What to do When Served with Divorce Papers in Arizona
- When Can I File For Divorce in Arizona
Chris Hildebrand wrote the information on this page about can a judge can reject a divorce settlement in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.