If you are going to apply for a divorce in Washington State, it is important to understand the basics of the CR2A agreement. Simply put, it is a legal document that helps couples solidify their divorce decisions and make them legally binding. The document is governed by Washington rules of civil procedure, namely, Superior Court Civil Rule 2A (CR 2A). The agreement is specific to Washington State, being a supplementary form that spouses can include in their divorce paper kit.
In this article, you can find more details on the content of the CR2A agreement, when it is recommended to file the document, and how it becomes enforceable.
What Is a CR2A Settlement Agreement?
A CR2A agreement is a legally binding contract between divorcing spouses. It is called this way, referring to Court Rule 2A, which says, “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.”
Therefore, if spouses reach a compromise on all divorce terms, define them in a written form themselves or with attorneys’ help, and sign the document, all their decisions are enforceable.
When Should You Sign a CR2A?
Signing a CR2A agreement is a good option if you want to enforce the terms of a divorce in WA State. Sometimes, partners manage to resolve disputes and define post-divorce responsibilities on their own. It also happens that the parties involve mediators or lawyers in the process to reach mutually satisfying outcomes out of court. In fact, it doesn’t matter how a couple negotiates the terms of their divorce. The main thing is to outline them in a CR2A and sign it before submitting the paper to the court.
Sometimes, a CR2A form is called a Washington community property agreement. However, the document regulates more than just property division. Spouses can elaborate on the following:
- The distribution of assets accumulated during marriage
- The split of joint debts
- Whether spousal support is required, how much, and for how long
- Who will have legal and physical child custody
- How often the non-custodial parent will spend time with kids
- How tax-related issues will be handled
- Other important case-specific matters.
Generally, if you want to make your divorce process easier and your rights and responsibilities after marriage termination clearly specified in writing, it is advisable to sign a CR2A agreement.
Enforcing a CR2A Settlement Agreement
As a legally binding alternative to a typical divorce settlement, Washington State uses a CR2A form. It is necessary to comply with the following requirements for the CR2A agreement to become enforceable:
- The document must be in writing and signed by both parties and/or their attorneys.
- It must follow Washington State’s Superior Court Rule 2A, as indicated above.
If either party fails to comply with the terms of a signed CR2A agreement, the court may introduce penalties like property liens, wage garnishment, etc. Moreover, if one party breaches the terms of the CR2A agreement, the other party may file a motion and seek enforcement through the court.