Rule 11 Agreement Texas form is a common legal document in divorce cases. Many people mistakenly believe that it is a specific divorce form, but, in fact, the Rule 11 Agreement is just another name for the Settlement Agreement, which is regularly referred to when it comes to divorce matters. For this form to be enforceable, the following requirements must be met:
- The agreement must be in writing, either filled out by hand or printed.
- The conditions described must be clear and explicit, without any ambiguity.
- The agreement must be signed by the parties to the proceedings and their legal representatives (if any).
- The agreement must be filed with the court and included in the court materials.
Email communication between parties can also be regarded as an agreement. However, parties must specify in the email that it serves as a Rule 11 Agreement. In such an instance, this statement will be considered an electronic signature recognized by Texas law.
See a Rule 11 Letter template and some information on what this document may contain below.
What Is a Rule 11 Agreement
Rule 11 of the Texas Rules of Civil Procedure is a written agreement between the divorcing spouses and their attorneys outside the court. It allows the parties to the divorce case to save time and money on lengthy litigation by setting out the binding conditions for a future divorce.
Such agreements can have both legal and practical consequences. For example, if the parties have agreed not to contest a particular aspect of the divorce and have documented it, they cannot revisit the issue during the divorce proceedings. Keeping this in mind, lawyers strongly advise their clients to craft each clause of a Rule 11 Agreement carefully and include only those terms on which an absolute consensus has been reached.
In general, the subject matter of a Rule 11 Agreement can be any issue that needs to be resolved as part of the divorce process. This legal form can establish either the basic aspects of a divorce, such as the division of property, visitation, spousal support, issues involving children, etc., or contain some more specific agreements between spouses that apply exclusively to their case.
As an example, let’s consider a situation where a divorce involves an adulterous spouse. The latter may enter into a Rule 11 Agreement with the other party, accepting to give them most of the joint property. In exchange, the other spouse should consent not to raise the issue of adultery in court proceedings.
If one of the spouses no longer intends to comply with the terms of the Rule 11 Agreement, they have the right to revoke it prior to the court order. However, if it turns out that the revocation was made without a valid reason, the case may become more complicated, and the party initiating this action will compromise themselves before a judge.
Veronica Wuest is a full-time writer and a paralegal who specializes in subjects related to divorce. In her articles, Veronica explores the intricacies of married life, love, and relationships. In addition, she gives practical recommendations and offers guidance for couples who’ve been through the ups and downs of relationships or decided to end them. In her free time, Veronica enjoys yoga and pilates. She is also an avid cook and enjoys trying out new recipes.