Stipulation
A formal agreement between parties in a legal case on one or more issues, often submitted to the court for approval.
A stipulation is an agreement between the parties in a legal case. Instead of having a judge decide an issue after a trial or hearing, the parties work out the terms themselves and present their agreement to the court. Stipulations can cover the entire case or just certain parts of it. For example, divorcing spouses might stipulate to the division of property but leave custody for the judge to decide.
In Minnesota, many stipulations must be approved by the court before they take effect, especially in family law cases involving children. A judge will review the stipulation to make sure it is fair and, in cases involving children, that it serves the child’s best interests. Once approved by the court, a stipulation becomes a binding court order that both parties must follow.
Why it matters: Stipulations save time, money, and stress by allowing parties to resolve issues without a trial. They also give the parties more control over the outcome, rather than leaving the decision entirely to a judge. However, once a stipulation is approved by the court, it is very difficult to change, so it is important to understand the terms before agreeing.
Example: In a divorce, both spouses agree that one parent will have primary custody and the other will have parenting time every other weekend. They write up these terms as a stipulation and submit it to the court. The judge reviews the agreement, finds it serves the children’s best interests, and approves it as part of the final divorce decree.
Divorce settlements, plea agreements, scheduling orders, and civil case resolutions