Rule 45.Consent Decree, Judgment, or Order

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

In one sentenceRule 45 lets parties who agree on everything obtain a decree without a hearing, sets out what the consent decree must say, and requires both parties to sign it before a notarial officer.

Full Text of Rule 45

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

(a) Generally. If the petitioner and the respondent agree to the terms of a dissolution, annulment, or legal separation, or to the terms of a paternity or maternity action, they may obtain a consent decree, judgment, or order without a court hearing.

(1) To obtain a consent decree for a dissolution or legal separation, A.R.S. § 25-329 provides for a 60-day waiting period which begins on the date the respondent was served with the summons and complaint, or the date on which an acceptance of service is filed with the clerk, whichever is earlier.

(2) To proceed with a consent decree for a dissolution of marriage, the parties must jointly file a notice of lodging and lodge a consent decree that is substantially similar to Form 8, Rule 97.

(3) The assigned judge or commissioner must determine whether the parties have met the requirements for a consent decree, judgment, or order and set the matter for hearing or rule on the lodged consent decree, judgment or order no later than:

(A) for petitions for dissolution or legal separation,

(i) 21 days after the lodging date if the decree, judgment, or order was lodged 60 days or more after the effective date of service of the petition; or

(ii) 81 days after the effective date of service of the petition if the decree, judgment, or order was lodged less than 60 days after the effective date of service.

(B) for all other matters, no later than 21 days after the lodging of the decree, judgment, or order.

(b) Content of Consent Decree, Judgment, or Order. The consent decree, order, or judgment must meet these requirements:

(1) It must state the terms of the parties' agreement. For dissolution or legal separation decrees that include an award of spousal maintenance, the parties must acknowledge that they have reviewed the Spousal Maintenance Guidelines and that any award of spousal maintenance is appropriate and just.

(2) In any action for dissolution, annulment, or legal separation, the parties must state:

(A) whether their marriage was a covenant marriage;

(B) whether they have children in common; and

(3) It must state:

(A) the parties agree to proceed by consent;

(B) each party was not subject to force or threats, or under duress or coercion, when preparing and signing the decree;

(D) each party understands

(i) that the party may retain, or has retained, an attorney of the party's choice;

(ii) that the party is waiving the right to trial; and

(iii) whether there are any existing protective orders, and if so, the effect of the consent decree, judgment, or order on those orders.

(4) Both parties must personally sign the consent decree, judgment, or order before a notarial officer. Alternatively, a party may sign the consent decree in the clerk's presence after the clerk has verified the party's identity. If a party is represented by an attorney, the attorney must also sign the consent decree.

(c) When Children are Involved. When the parties have children in common or a party is pregnant with a child common to the parties, the consent decree, judgment, or order must include the following:

(1) provisions for legal decision-making and parenting time, either within the consent decree or by a separate parenting plan;

(2) if the court finds that it is in the children's best interests for an Education Order to be issued, an “Education Order” substantially in conformity with Rule 97, Form 19 or Form 20, as appropriate;

(3) a child support order supported by a child support worksheet, but if a party requests any deviation in the child support amount, the consent decree or child support order must state the basis for deviation under the child support guidelines;

(4) if either party is receiving Temporary Assistance for Needy Families (TANF) or services from the Title IV-D program, the parties must attach to the consent decree the written approval of the Attorney General or county attorney;

(5) copies of each parent's Certificate of Completion of the Parent Information Program, if not previously filed with the court;

(6) a completed income withholding order, including the current employer information sheet;

(7) if the parties are requesting joint legal decision-making, a statement as to whether domestic violence has occurred, and the extent of any such violence; and

(8) for a paternity or maternity action, the identities of the natural mother and father and anyone who has lawful status as a parent or custodian of a child, including the court case conferring that status if it is not the current case.

End

Rule History

Added Aug. 30, 2018, effective Jan. 1, 2019. Amended on an emergency basis, effective Aug. 29, 2022, permanently adopted Dec. 8, 2022, effective Jan. 1, 2023; amended on an emergency basis, effective Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, permanently adopted with additional amendments Dec. 6, 2023, effective Jan. 1, 2024; amended on an emergency basis Aug. 24, 2023, effective Jan. 1, 2024, permanently adopted with additional amendments Aug. 22, 2024, effective Jan. 1, 2025; amended Aug. 28, 2025, effective Jan. 1, 2026.

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 is the agreed track. If the petitioner and respondent agree on the terms of a dissolution, annulment, legal separation, paternity or maternity, they can obtain a decree, judgment or order without a court hearing.

The 60-day wait

A.R.S. section 25-329 imposes a 60-day waiting period for a dissolution or legal separation consent decree, running from the date the respondent was served or the date an acceptance of service was filed, whichever is earlier. To proceed, the parties jointly file a notice of lodging and lodge a decree substantially like Form 8 in Rule 97.

The court's clock

The assigned judge or commissioner must determine whether the requirements are met and either set a hearing or rule within 21 days of lodging if the decree was lodged 60 days or more after service -- or within 81 days of service if it was lodged earlier. For all other matters, 21 days from lodging. These are among the deadlines Rule 30 gathers.

What the decree must contain

It must state the terms of the agreement. Where a dissolution or legal separation decree awards spousal maintenance, the parties must acknowledge that they have reviewed the Spousal Maintenance Guidelines and that the award is appropriate and just. In any dissolution, annulment or legal separation the parties must state whether the marriage was a covenant marriage, whether they have children in common, and whether one party is pregnant with a child common to the parties.

Then a set of acknowledgments: that the parties agree to proceed by consent; that neither was subject to force, threats, duress or coercion when preparing and signing; that in a dissolution or legal separation each believes the property division is fair and equitable; and that each understands they may retain an attorney of their choice, that they are waiving the right to trial, and whether any protective orders exist and what effect the decree has on them.

Signature

Both parties must personally sign before a notarial officer -- or, alternatively, sign in the clerk's presence after the clerk verifies identity. A represented party's attorney must also sign.

Children

Where there are children in common or a party is pregnant, the decree must include legal decision-making and parenting time provisions or a parenting plan, an Education Order if the court finds one in the children's best interests, a child support order with a worksheet and a stated basis for any deviation, written approval from the Attorney General or county attorney where TANF or Title IV-D is involved, each parent's Parent Information Program certificate, a completed income withholding order, a domestic violence statement where joint legal decision-making is requested, and the identities of the parents in a parentage action.

Frequently Asked Questions

How long must we wait for a consent decree?

Rule 45(a)(1) notes the 60-day waiting period under A.R.S. section 25-329 for a dissolution or legal separation, beginning on the date the respondent was served or the date an acceptance of service was filed, whichever is earlier.

Do both parties have to sign in front of a notary?

Rule 45(b)(4) requires both parties to personally sign the consent decree, judgment or order before a notarial officer, or alternatively to sign in the clerk's presence after the clerk has verified identity. A represented party's attorney must also sign.

What must a consent decree say about spousal maintenance?

Rule 45(b)(1) requires the parties to acknowledge that they have reviewed the Spousal Maintenance Guidelines and that any award of spousal maintenance is appropriate and just.

Does a consent decree have to mention protective orders?

Yes. Rule 45(b)(3)(D)(iii) requires each party to state their understanding of whether any existing protective orders exist and the effect of the consent decree, judgment or order on them.

How quickly must the court act on a lodged consent decree?

Rule 45(a)(3) requires the judge or commissioner to set a hearing or rule within 21 days of lodging if the decree was lodged 60 days or more after service, within 81 days of service if it was lodged earlier, and within 21 days of lodging for all other matters.

Is a hearing required for a consent decree?

No. Rule 45(a) allows parties who agree on the terms to obtain a consent decree, judgment or order without a court hearing, though the court may set one.

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: consent decreeagreed divorceuncontested divorce60 daysnotice of lodgingproperty divisionpropertyspousal maintenancealimonycovenant marriageparenting planForm 8