SUBJECT: Judicial Best Practice for Finalizing Divorce Agreements.
Dear Colleagues,
When parties appear in court to place a final divorce agreement on the record, Minnesota law does not require a formal on-the-record inquiry in every case. However, as a practical matter, the absence of a clear record can significantly increase the risk of a later motion to reopen based on claims of coercion, misunderstanding, or incomplete disclosure.
This Training Update focuses on what experienced judges and practitioners recognize as a judicial best practice: building a clear, thorough record that confirms the agreement is knowing, voluntary, fair, and based on full disclosure. While not mandated in all cases, this step is often the most effective way to protect the judgment’s finality and enforceability.
In this concise, 10-minute update, I outline:
- When a hearing may not be required under Minnesota law, and when it is the wiser course to proceed on the record.
- The practical risks of proceeding without a sufficient record.
- And most importantly, a comprehensive, ready-to-use in-court script that judges and attorneys can use to create a complete and defensible record.
The script is designed to directly address the most common grounds for reopening under Minn. Stat. § 518.145, subd. 2, and to ensure the agreement will withstand later scrutiny.
You can access the full update here:
👉 Click here for a print-ready copy of Training Update 26-07
👉Click here to access Update 26-07 on the Minnesota Judicial Training and Education Website
If you handle family law matters, this is a practical tool you can use immediately to strengthen your cases and protect your clients.
Warm regards,
Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
MINNESOTA JUDICIAL TRAINING & EDUCATION BLOG 