FROM SETTLEMENT TO JUDGMENT

ENFORCEABILITY AND PROCEDURE REGARDING SETTLEMENT AGREEMENTS UNDER CODE OF CIVIL PROCEDURE 664.6

Written by Jack J. McMorrow, Esq^*

It is common for parties in a family law action to secure a settlement agreement prior to preparing a Stipulated Judgment, or otherwise obtaining a judgment pursuant to Code of Civil Procedure section 664.6. There are a number of reasons for this, including that a Stipulated Judgment is usually lengthy and requires significant drafting into areas of potential dispute beyond the key deal points to which the parties agree and would like to "lock in." Drafting a settlement agreement can also solve the problem of time constraints. Settlement conferences are limited as to time, eventually the court closes, the mediation office closes, the mediator needs to leave, etc. So, the focus is often on finalizing a settlement agreement concerning the key deal points, knowing that such an agreement, if drafted correctly, can be enforced and converted into a judgment pursuant to Code of Civil Procedure section 664.6, even when a party has a change of heart post-settlement.

This article discusses the law regarding formation and enforcement of settlement agreements in family law matters pursuant to Code of Civil Procedure section 664.6 (hereafter "Section 664.6"). It is more involved than one might expect. A solid understanding of the process and its hazards will allow you to navigate the process wisely and minimize the possibility of costly and exhausting post-settlement litigation in drafting the settlement agreement.