Once a divorce settlement is signed or entered on the record under CR 2A, a spouse generally cannot back out except in cases of fraud, duress, or mistake. Before that point, either party can renegotiate.
After weeks of negotiation, you and your soon-to-be former spouse agree to a divorce settlement which makes everyone happy. All issues, from child custody to the division of property are decided and agreed upon, and you are finally ready to move forward with your life. Suddenly, your spouse changes his or her mind about the settlement agreement, and refuses to follow through with it. What are your options?
Changes Before A Settlement Is Finalized
Usually, two people enter into a divorce settlement agreement after a long negotiation or attending a mediation. If you have an attorney, then sometimes they are better at negotiating and even helping with the mediation. After an agreement has been reached, then the parties will need to prepare final divorce orders so that these orders can be presented to a judge and signed.
But, there is a phenomenon we’ve seen at Pacific Northwest Family Law where a party will wake up the next morning, after an intense session of mediation and regret the compromises they made. These may have been logical in the moment, but in the present they want something else. That could mean that you return to the drawing board.
Put it in Writting
However, in Washington two principles exist that can prevent someone from reneging on an agreement and they revolve around putting everything in writing. First, there is such an idea as a divorce settlement agreement. This agreement must include all aspects of the divorce from property, children, debts, alimony, and anything else needed to begin separate lives. This written document need not be formal, but the more complete it is, the better.
Full Disclosure of Property and Debts Is a Must
Along with the written agreement, there should be a full disclosure of property and assets. That means opening up bank accounts, exchanging credit card statements, maybe sharing credit reports. That helps both parties know that nothing has been hidden and kept from the other. It may surprise you, but sometimes people getting a divorce lie. Disclosure, helps assure both parties that the deal is fair.
The Power of CR 2A
Second, an agreement can also be reached after a divorce has started. There is a rule of civil procedure, CR 2A, that allows parties to reach an agreement. This agreement can be done in writing or it can be done in open court. And once there is a signed stipulation or assertion on the record, it cannot be undone except for extreme circumstances involving fraud, duress, or mistake.
Once the agreement is written down, regrets cannot unravel months of negotiation. It becomes binding on both parties. As long as you have followed principles of transparency, allowed each party time, and given the opportunity to seek legal advice from an attorney (you do not have to hire an attorney, but it’s a good idea since this is so important); the written agreement remains solid.
There is no time limit on the written agreement. But it is still a good idea to use the written agreement to create final divorce orders and present them to a judge. The signed writing becomes the evidence that you both entered into the agreement.
One final wrinkle, the agreement has to be fair to both parties. It should not load one party with all the debts and the other party with all of the assets. Not only is that a recipe for financial disappointment because in the eyes of creditors you are both still on the hook, it is also patently unfair and may not get court approval. It is also much easier to undo an agreement that makes orders that are unfair.
Is it possible to make changes after a judge has signed the Final Divorce Order?
If a spouse changes his or her mind after the divorce decree is entered, there are limited options to make changes. Appeal is probably no longer an option. It’s hard to argue to an appeals court that you did not agree. There are three options left to change final orders, but they are difficult to pull off: relief under CR 60, modification of non-property related aspects, or an agreement of the parties.
CR 60: Fraud, Duress, Mistake
The division of assets and debts is usually off the table after a final order has been entered, but you can seek relief under CR 60(b), which allows a judge to rescind a final order for things like fraud, mistake, or duress–for example, if a spouse concealed assets (fraud) or was pressured into signing without time to review (duress). (Note that these are similar bases to undoing a written agreement before it is turned into final orders.) Even then, it is more difficult because of the written agreement.
Modification of child support, parenting plans, or spousal maintenance
One other option could be a modification of a divorce decree. However, the provisions dividing property are usually unmodifiable. It is more likely to be able to modify things like spousal support (alimony), a parenting plan, or child support. These all require you to show that there has been a substantial change in circumstances from when the decree was entered. Maybe there was an accident that prevents you from working, maybe a parent has developed an addiction or mental health condition, whatever the cause, it must have happened after the court signed the final order.
The Parties can Agree on Changes
One final option is for both parties to agree to something new. The judge may agree to allow a change to the divorce decree if both spouses consent to, and sign off on, a new agreement. In this situation, the judge will usually allow the changes to the decree unless it harms the former couple’s children or is unfair in some way which are some of the same conditions that existed previously.
At Pacific Northwest Family Law, our attorneys work hard to create marital settlement agreements that fairly and adequately compensate both parties for their time spent in the marriage. Our lawyers use multiple tactics to help divorcing couples decide on a fair and equitable support agreement, and achieve great successes using mediation, collaboration, and arbitration.
Frequently Asked Questions about Divorce Settlement Agreements
To learn more about your options when seeking a divorce, contact us today by calling 877-738-0777 or click on the button below to get in contact with us.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reviewed and updated for legal accuracy by attorney Zachary C Ashby, Pacific Northwest Family Law, on July 21, 2026.
