What You Should Know About Rule 11 Agreement
During a divorce process, spouses may be willing to reach an agreement on some or most aspects of ending their marriage. They can record the decisions made by detailing them in a Rule 11 Agreement.
In this article, you will find more details about the Rule 11 Agreement in divorce, how it works, and when it is appropriate to create.
What Is a Rule 11 Agreement?
Rule 11 of Texas Rules of Civil Procedure allows the parties involved in the lawsuit to make a written agreement outside of court. In divorce, such a document can cover any matters spouses deem essential, including property division, financial responsibilities of parties, custody, etc. In fact, Rule 11 meaning is primarily to create a formal written settlement agreement between the parties concerning any aspect of a marriage dissolution case. It must be filed with the court to have legal power.
How Does the Rule 11 Agreement in Texas Work?
To draft a legally binding document, the parties involved must comply with the following requirements:
- Rule 11 Agreement can be created and enforced if both spouses agree to it in writing.
- The document must be in a written form and signed by both spouses. All the terms that were agreed upon by the couple should be included in it.
- The terms outlined in the document must be unambiguous to avoid any possible misunderstandings between the spouses in the future. The document should clearly state what is required from each party when the agreement is enforced.
- The document must be filed with the court to be enforceable. If a hearing is held on the case, the agreement can be read in front of a judge.
When Is a Texas Rule 11 Agreement Appropriate to Use?
Rule 11 Agreement is appropriate when spouses settle on some aspect of their divorce and want to document it. In Texas, it is often used to waive the initial disclosures of financial information, extend the deadlines for certain processes, or postpone the hearing. For example, it may be extremely useful if one of the parties needs more time to prepare for discovery. Besides, it is often used to make short-term agreements on temporary orders concerning property, custody, financial support, etc.
How long is a Rule 11 Agreement good for? It can be entered into at any point of the process and will be in force unless it is revoked or a modification or termination motion is filed afterward. Generally, as long as the agreements are lawful and neither spouse contests them, they can be written down and filed with the court.
What Are the Drawbacks of a Rule 11 Agreement?
The first and biggest disadvantage of the Rule 11 Agreement is that it can be revoked by one of the parties at any moment before it enters the court and is enforced. Besides, there is a risk that one of the spouses will not take such a document seriously or would want to make last-minute changes. Finally, some misinterpretations of the terms stated in the document may cause serious disputes between the parties.
How Do You Get Out of a Rule 11 Agreement in Texas?
Until the judgment based on this agreement has not been entered, it is provisional and can be withdrawn at any moment. Can a Rule 11 Agreement be changed? Yes, it can be modified by entering into a new agreement.
If you do not wish to abide by some of the terms stated in the document, you can seek to revoke your consent to this agreement. In such a case, the party who decides to do so has to file a pleading with the court. The final decision cannot be entered as long as one of the parties does not consent. Yet, it is advisable to consult an attorney on how to revoke a Rule 11 Agreement.
What Happens if You Break a Rule 11 Agreement in Texas?
After the judge reviews the agreement, they can enter the judgment and enforce it. If one of the spouses breaches the terms previously agreed upon and stated in the document, the other party has the right to force their compliance through the court. A family lawyer can help to prepare a motion to enforce the agreement and sue the party that breached it.
Texas Rule 11 Agreement Sample
Rule 11 Agreement is typically created considering the specifics of each divorce case. Therefore, you may not be able to find online a uniform Rule 11 Agreement Texas form template that matches your case.
Generally, each document includes the following information:
- Names of the parties involved.
- Case number.
- Name of the court where the case is reviewed.
- Names of the children if there are child custody and support agreements included.
- Signatures of the parties to the case.
Here is a sample Rule 11 Agreement Regarding Initial Disclosures, which allows you to fully or partially waive the need to exchange financial information with your spouse.
