In pending divorce proceedings, it is common for the parties to reach at least a partial agreement regarding physical placement, legal custody, child support, property division or maintenance while other matters remain unresolved. In that case, even though the parties prepare, sign and file that written agreement with the court, Wis. stat. 767.333 requires that the circuit court hold a hearing to review the agreement with the parties. At that hearing the court will ensure that the written agreement correctly conveys the agreement of both parties. Generally, the court will have each party provide brief testimony either elicited by the parties’ counsel or the court. It is necessary for the court to ensure that the parties express their understanding of the agreement and agree to be bound by the terms as it would be incorporated into the judgment.
This section only applies to initial orders regarding physical placement, legal custody, child support, property division or maintenance. If the parties file a stipulation on these matters after a judgment had previously been entered, the court can simply approve the agreement without a hearing.
If you have questions in your family law matter, make sure to contact Hawley, Kaufman & Kautzer today and schedule your free initial consultation!