Breached Settlement

Requirements for Enforceable Settlement Agreements in Texas

Various types of settlement agreements can be employed in divorce proceedings, including mediated settlement agreements, agreements incident to divorce, and Rule 11 agreements. Mediated settlement agreements are developed during mediation and are binding if they contain a statement that they are not subject to revocation, are signed by each party to the agreement, and, if the parties are represented by counsel, their attorneys. The statement regarding revocation must be prominently displayed in bold type, capital letters, or underlined.

Agreements incident to divorce are written agreements that may address alimony and/or the division of community property and can be revised until the final divorce decree is issued unless they are binding under another law. If the court determines that the terms of an agreement incident to divorce are right and just, the court will consider them binding. If the court approves the agreement, it may include it in full in the final divorce decree, or incorporate it into the decree. Once a court approves an agreement and incorporates it into the judgment, it becomes a valid and binding judgment, rather than simply a contract between the parties.

Enforcing a Breached Settlement Agreement

If a party fails to comply with a mediated settlement agreement, an agreement incident to divorce, or a Rule 11 agreement that is part of a final judgment, the other party can file a petition for enforcement. Once the court deems the agreement to be valid and enforceable, it will issue a judgment against the party that breached the agreement.

However, if a party seeks to enforce a Rule 11 agreement that was revoked before the court entered judgment, they will likely have to pursue a breach of contract claim. This requires demonstrating the existence of a contract between the parties, performance of contractual obligations by the claiming party, breach of the agreement by the other party, and damages caused by the breach (unless the only sought remedy is performance under the agreement, in which case damages need not be proven).

Speak With an Experienced Divorce Attorney

Marriage settlement agreements are contracts, and parties who breach them can face civil liability. The attorneys at Wilson Whitaker Rynell specialize in helping individuals going through divorce to protect their rights. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.