Rule 45.1.Summary Consent Decree

Part V. Default Decree and Consent Decree, Judgment, or Order; Dismissal · Last amended January 1, 2024 · Last verified September 4, 2026

In one sentenceRule 45.1 lets spouses who have settled everything before anyone files start the case with a single joint document -- a summary consent petition and response -- and finish it without formal service.

Full Text of Rule 45.1

Text sizeJump to: (a) (b) (c) (d)

(a) Generally. If the parties reach a comprehensive settlement on all issues before either party has petitioned for dissolution of marriage or legal separation, they may file a summary consent petition and response and pay the appropriate fees. This rule does not apply to petitions in paternity, maternity, or third-party matters.

(b) Summary Consent Petition and Response. The summary consent petition and response must be a single document captioned as “Summary Consent Petition and Response” and include:

(1) the birth date, occupation, and address of each party and the length of each party's domicile in Arizona;

(2) the date of the parties' marriage, where it was performed, and whether it is a covenant marriage;

(3) the names, birth dates, and addresses of all living children (natural or adopted) common to the parties and whether a party is pregnant;

(4) a statement of the grounds for the court's jurisdiction;

(5) a statement that formal service of process is waived;

(6) a statement, in the case of marriage dissolution, that the marriage is irretrievably broken, or, in the case of legal separation, that the marriage is irretrievably broken or that both parties desire to live separate and apart;

(7) a statement that the parties have resolved all issues about their dissolution or separation;

(8) a request that the court enter a decree of dissolution or legal separation and a statement of the relief the parties jointly seek; and

(9) both parties' signatures.

(c) Preliminary Injunction. Notwithstanding the requirements of Rule 25(a), when filing a summary consent petition and response, the parties must present two copies of a preliminary injunction to the clerk to issue under A.R.S. § 25-315(A). The clerk will issue the injunctions and return copies to the parties.

(d) Entry of a Summary Consent Decree.

(1) Agreements and Proposed Decree. Upon filing the summary consent petition and response, or at any time no later than 60 days after the filing date, the parties must submit to the court all required final settlement documents, including their written agreements and the proposed decree.

(2) Content of the Proposed Decree. The proposed decree's content must meet the requirements of Rule 45(b). If children are involved, the proposed decree's content must also meet the requirements of Rule 45(c).

(3) Waiting Period; Hearing. The court may not enter a final summary consent decree earlier than 60 days after the filing date of the summary consent petition and response. After 60 days, the court may enter a summary consent decree without a hearing if it has determined that the parties have met the requirements for a summary consent decree. Alternatively, the court may set a hearing on specified issues or enter other appropriate orders. The court must set the matter for hearing or rule on the lodged summary consent decree no later than 81 days after the filing date.

(4) Notice of Intent to Withdraw. Before the summary consent decree is entered, either party may request to withdraw from the agreement. If the court allows a party to withdraw, the case will continue as a dissolution or separation proceeding upon paying the additional required fees and filing the appropriate pleadings under Rule 23. The court must dismiss the case if the parties jointly withdraw from the summary consent decree agreement.

End

Rule History

Added on an emergency basis Aug. 29, 2022, effective Sept. 24, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023. Permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024.

Editors' Notes

APPLICATION

The Dec. 6, 2023 amendment applies to cases in which the motion, stipulation, decree, judgment, or order is filed or lodged on or after Jan. 1, 2024.

Plain-English Summary

Rule 45.1 is the newest route to a decree in this Part, adopted on an emergency basis in August 2022 and permanently effective January 1, 2023. It is for the case that is already settled before it begins.

Who can use it

Parties who reach a comprehensive settlement on all issues before either has petitioned for dissolution of marriage or legal separation. It does not apply to paternity, maternity or third-party matters.

One document

The petition and response are a single document captioned Summary Consent Petition and Response, and it must include each party's birth date, occupation, address and length of Arizona domicile; the marriage date and place and whether it was a covenant marriage; the names, birth dates and addresses of all living children common to the parties and whether a party is pregnant; the grounds for jurisdiction; a statement that formal service of process is waived; a statement that the marriage is irretrievably broken -- or, for legal separation, that it is irretrievably broken or both parties desire to live separate and apart; a statement that all issues are resolved; the relief jointly sought; and both parties' signatures.

Waiving service is what distinguishes this route. There is no summons, no process server, no acceptance of service, and no respondent in the ordinary sense.

Preliminary injunction anyway

Notwithstanding Rule 25(a), the parties must still present two copies of a preliminary injunction to the clerk for issuance under A.R.S. section 25-315(A), and the clerk returns copies to the parties.

Entry

Final settlement documents -- the written agreements and the proposed decree -- must be submitted on filing or within 60 days after. The proposed decree must meet Rule 45(b), and Rule 45(c) as well if children are involved.

The court may not enter the decree earlier than 60 days after the summary consent petition and response is filed. After 60 days it may enter the decree without a hearing, set a hearing on specified issues, or enter other orders -- and it must set a hearing or rule no later than 81 days after filing.

Getting out

Before entry, either party may request to withdraw from the agreement. If the court allows it, the case continues as an ordinary dissolution or separation on payment of the additional fees and filing of Rule 23 pleadings. If the parties withdraw jointly, the court must dismiss.

Frequently Asked Questions

Who can use the summary consent decree procedure?

Rule 45.1(a) is for parties who reach a comprehensive settlement on all issues before either has petitioned for dissolution of marriage or legal separation. It does not apply to paternity, maternity or third-party matters.

Is service of process required?

No. Rule 45.1(b)(5) requires the single joint document to include a statement that formal service of process is waived.

How soon can the court enter a summary consent decree?

Rule 45.1(d)(3) bars entry earlier than 60 days after the filing date of the summary consent petition and response, and requires the court to set a hearing or rule no later than 81 days after filing.

Can I back out after filing?

Yes. Rule 45.1(d)(4) allows either party to request to withdraw before the decree is entered. If the court allows it the case continues as a dissolution or separation on payment of additional fees and filing of Rule 23 pleadings, and if both parties withdraw the court must dismiss.

Do we still need a preliminary injunction?

Yes. Rule 45.1(c) requires the parties to present two copies of a preliminary injunction to the clerk for issuance under A.R.S. section 25-315(A), notwithstanding Rule 25(a).

When are the settlement documents due?

Rule 45.1(d)(1) requires all required final settlement documents, including the written agreements and the proposed decree, to be submitted on filing or at any time no later than 60 days after the filing date.

Source & verification. Rule text, Rule History and Editors' Notes reproduced verbatim from the Arizona Rules of Family Law Procedure as published by the Arizona Supreme Court, current through amendments effective January 1, 2026. Promulgated by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). Last verified September 4, 2026. · Official text

Also known as: summary consent decreesummary consent petitionsettled divorcewaiver of serviceuncontested60 days81 dayswithdraw