In Texas, the court allows parties in a civil lawsuit to reach an agreement concerning any matter in their case. Yet, it must comply with Rule 11 of the Texas Rules of Civil Procedure (TRCP).
In this article, we will try to answer some of the most frequently asked questions about the Rule 11 Agreement and how it can be helpful in the divorce case.
What Is a Rule 11 Agreement?
Rule 11 Agreement is a settlement agreement between the parties on any issue of their lawsuit. While it is made outside the court, it is still binding and has the effect of a court order. However, to make it enforceable, the judge must approve it and enter the final judgment on its basis.
Primarily, Rule 11’s meaning is to let the parties resolve their disputes and reach agreements outside the court. In divorce, it may involve decisions related to property and debt division, alimony, custody, child support, or any other relevant matter. Besides, agreements on issues concerning the procedure, including waivers, postponing deadlines, rescheduling, etc., are also possible.
You may ask an attorney, if you hire any, to create it for you or can draft the document on your own. Nevertheless, you must make sure that your agreement meets the requirements of Rule 11 of TCRP.
How Does the Rule 11 Agreement Work?
According to Rule 11 of the TCRP, for an agreement to be legally binding, it must be in writing, signed by both parties, and filed with the court. Alternatively, it can be made in open court during a live hearing and read into the court’s record.
“In writing” means that the document can be either handwritten or typed in any form, even an email. Yet, whatever the form is – an email or a note drafted on your way to the courtroom – it must state that the document serves as a Rule 11 Agreement. It must also be signed by both parties and their attorneys if involved.
How long is a Rule 11 Agreement good for? The document can be created at any point during the proceedings. The duration of its enforceability depends on the provisions stated in this document. It usually lasts until the terms have been fulfilled or modified by the court order.
Can a Rule 11 Agreement be changed? Yes, it can be modified anytime if both parties agree. Still, any modifications to it must comply with Texas laws.
Where Is a Rule 11 Agreement Applicable?
The application of the Rule 11 Agreement in Texas divorce is multifaceted. The document can be created at any moment during the divorce process and address various matters of the case, from rescheduling a hearing to final orders.
Issues you may settle in a Rule 11 Agreement include:
- Property and debt division;
- Child custody;
- Visitation schedule;
- Child support;
- Spousal support.
Besides, it can be helpful if you wish to:
- Extend the deadline of any procedure;
- Waive or reschedule a hearing;
- Waive or postpone financial disclosures.
Note: whatever issue you are trying to resolve with the help of the Rule 11 Agreement, it must strictly adhere to the TRCP 11 Rule, be agreed upon by both parties, and meet the children’s best interests.
The Process of Revoking a Rule 11 Agreement
Until the court enters the final judgment based on your Rule 11 Agreement, either party has the right to revoke it.
For the orders to be legally binding, they must be signed by the judge into the final judgment. Before that, you can modify your agreement and even withdraw your consent. If either party has changed their mind concerning any provision due to changes in case circumstances, they may officially revoke the Rule 11 Agreement. The court will not approve it and may either accept another agreement made by the parties or apply other enforcement mechanisms.
Beware that even if you revoke your consent, you may face a suit for breaching a contract. Therefore, it may be reasonable to consult an attorney on how to revoke a Rule 11 Agreement if either party wants to do so.
