Despite Hollywood portrayals, dissolving your marriage doesn’t automatically mean court. In fact, not only do you not have to go to court, but the vast majority of Texas divorce cases are settled without judicial interference.
If you and your spouse can maintain respectful communication and compromise, you may be able to resolve some, if not all, of your issues using a Rule 11 agreement.
Here’s what you need to know about Texas’s Rule 11 agreement and how Warren & Migliaccio can use it to help streamline your divorce.
What is a Rule 11 Agreement?
A Rule 11 agreement is a written contract used to settle legal disputes. It is called a “Rule 11” agreement because it comes from Rule 11 of the Texas Rules of Civil Procedure, which requires all civil court contracts to be made in writing.
In family law, Rule 11 agreements are often used to help settle certain areas of divorce. In some situations, they’re even used as a kind of settlement agreement over the entire case. During divorce proceedings, these documents often outline things like property division, child support, and parenting time. Once signed by each party and filed with the court, it becomes a binding contract, making its terms enforceable.
While a Rule 11 agreement is not technically a court order, compliance with this agreement is mandatory. In some cases, it might be possible to revoke; however, once codified into a divorce order during final judgment, you will need to petition the court to modify it. Failure to comply with a court order carries severe consequences and may result in hefty fines and even jail time, so it’s important to take these legal actions seriously.
Practical Applications of a Rule 11 Agreement in a Texas Divorce
A Rule 11 agreement has many practical uses during a Texas divorce. Some might use it to settle just one particular area of their legal dispute (such as alimony or adultery). Others might treat it like a documentation tool, using it to recall the details of specific agreements and conversations. In other cases, couples may use it as an informal settlement agreement for their entire divorce.
Similar to a marital or prenuptial agreements, Rule 11 contracts codify the wishes of both spouses into a single document. Once complete, there is nothing left to fight about in court, which can drastically reduce the time, money, energy, and added stress both sides have to devote to the divorce process.
If you are considering incorporating a Rule 11 agreement into your divorce process, a skilled family law attorney can walk you through the topics commonly addressed by these agreements.
Property Division
Texas is a common law property state, which means that anything either spouse acquires during marriage—be it debt, property, money, or investments—belongs to both equally. These marital assets must be divided when you break up. However, there’s no need for the court to get involved if you can help it.
A Rule 11 agreement allows couples to make their own decisions about property. So long as you can communicate respectfully and are willing to compromise, your joint decisions about your marital property can be drafted into this agreement amicably.
Child Custody and Child Support
Another area commonly addressed by Rule 11 agreements is child custody. Amicable co-parents here can structure parenting time, visitation, and custody rights however they want, without court interference.
That said, just because you agree doesn’t mean the court will.
Regarding child custody decisions, Texas family law requires judges to make them according to the child’s best interest—not based on what the parents want. So, while your input into these matters is helpful to determining that best interest, it isn’t infallible. Texas judges have the right to adjust specific terms (such as child support amount and parental rights) if they don’t meet state requirements.
Spousal Support
Spousal support (or “alimony”) is regular payments made to a supporting spouse after divorce. This money helps them get on their feet after divorce and ensures they aren’t unfairly penalized for parting ways. However, this amount is not set in stone and can quickly become a source of contention during divorce.
Rather than get bogged down in calculations, couples could utilize this written agreement to settle on a fair amount outside of court. Another application could be to strike a compromise.
For example, Texas is one of only a few states that still allows fault to be considered during divorce. These claims can significantly impact how much marital property you receive, so a savvy partner might consider offering a greater share of marital property or alimony in exchange for dropping fault arguments.
A knowledgeable Texas family attorney can help you maximize the impact of this document during your divorce.
Not all Rule 11 Agreements Are Enforceable
Just because you and your spouse have an agreement doesn’t mean it will be enforceable. To be valid, your Rule 11 agreement must be:
- In writing. A handwritten note, typed document, or email are all acceptable forms of writing for this purpose.
- Signed. The document must be signed by both parties and their respective lawyers. (An electronic signature will require extra verification.)
- Filed with the court. A Rule 11 agreement is not valid until filed with the court. Alternatively, the document can be read into the record during court proceedings.
Rule 11 agreements also can’t contradict other Texas laws. This is particularly important regarding areas such as child support and parenting time. In Texas, judges are required to make all child custody decisions according to the child’s best interest. This means they are not required to uphold any terms that violate certain state standards (such as child support amounts)—even if both parents agree.
Drafting a Successful Rule 11 Agreement
Drafting a Rule 11 agreement for your divorce can be a concise, efficient way to settle disputes during your divorce. However, it isn’t appropriate for every situation (such as child custody). Knowing when to use it and when to try an alternative method is essential to effectively utilizing this tool.
When drafting your agreement, you should also:
- Review its terms carefully. Make sure you understand your obligations and don’t sign something if something doesn’t feel fair.
- Use clear, conscience language. This will help avoid confusion and minimize the risk of future disputes.
- Don’t assume something is implied. No matter what topic you’re covering, it’s essential to clearly outline all the terms and avoid assumptions.
An experienced family law attorney can help you draft a Rule 11 agreement Texas courts will accept.
Talk to a Texas Attorney About Drafting a Rule 11 Agreement
No two marriages are ever the same, which means that no two divorces are, either. And when it comes to settling divorce matters, you want a team that fights for your individual needs.
At Warren & Migliaccio, we care deeply about our work and are dedicated to providing each client with quality, individualized representation. If you have questions about using a Rule 11 agreement in your divorce, we want to hear from you. Call our offices today at (888) 584-9614 or contact us online for a free consultation, and let one of our dedicated family attorneys protect your rights during this important transition.
