What is CCP 664.6?

What is CCP 664.6?Photo by Anastasia Shuraeva from Pexels

Agreement!

I’ve had an extremely LONG divorce and my husband and I finally reached an agreement on all issues.  How do I make sure he/she doesn’t back out of it?

Have Judge Approve it

If you are in Court at the time you reach an agreement, NO problem.  Just go into the Courtroom, and wait your turn.  The clerk will call your case, the Judge will have one of your attorneys brief him/her on the agreement.  Once it’s read into the record, it is binding and fully enforceable.

Not Near a Court? Put it in Writing, and Give it Teeth

If you aren’t in Court, put it in writing and give it some teeth by referencing  California Code of Civil Procedure section 664.6.

California Code of Civil Procedure 664.6

California Code of Civil Procedure 664.6 states:

“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.  If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”

Why is CCP 664.6 Important?

C.C.P. section 664.6 is extremely important because it gives the Court the power to enforce the terms of those the agreements as court orders.

It also gives the Court power to interpret the terms of the agreement if later you can’t remember what you agreed to.

Important Language

Without referencing CCP 664.6, the Courts may not have the power to do any of the above duties.

Make it simple – if you want the agreement o be enforceable,  always insert this sentence:

“The parties request the Court to retain jurisdiction to enforce the terms of the settlement agreement per CCP 664.6”.