Rule 11 of the Texas Rules of Civil Procedure, or TRCP Rule 11, allows parties in a lawsuit to make agreements concerning different case matters on their own. Moreover, the courts encourage parties to reach agreements outside the courtroom. However, spouses must meet certain requirements of the Rule.
So, what is the meaning of the Rule 11 Agreement, and when can it be applicable in a divorce case? What are the probable drawbacks? And is it possible to withdraw from it? Let’s try to find the answers to these common questions.
Rule 11 Agreement: Meaning
The primary meaning of the Rule 11 Agreement is to let the parties reach a consensus on their lawsuit terms without the judge’s involvement.
What is Rule 11 in a civil action? TRCP Rule 11 postulates that the court can enforce orders based on the agreement between the parties if it meets certain conditions. According to the Rule, it must be:
- In writing;
- Signed by all parties and their attorneys (if any);
- Filed with the court.
If the requirements are met, the document will serve as a settlement agreement between the parties. The court will check it, approve it if it does not contradict the current Texas legislature, and make the corresponding orders on its basis.
When Rule 11 Agreement is Necessary?
Rule 11 Agreement in Texas divorce is necessary to settle divorce-related issues without the court’s involvement. It allows spouses to amicably decide on important matters like child custody and support, alimony, property and debt division, etc.
Besides helping to settle general marriage dissolution matters, drafting such a document may be helpful in other processes in a lawsuit. For example, divorcees may use the Rule 11 Agreement for temporary orders while the lawsuit is ongoing, waiving or rescheduling a hearing, or extending deadlines in case either party needs more time for discoveries or other procedures.
Advantages and Disadvantages of Rule 11 Agreement
The main advantage of the Rule 11 Agreement is its potential to save time, money, and effort and reduce stress associated with court litigations. The parties can peacefully discuss all the matters, put the terms in writing, sign the document, and file it with the court without any third-party involvement, attorney fees, and tiresome court hearings. Although this agreement is not an official court order, it is binding and must be complied with.
On the other hand, reaching amicable mutual agreements is not always possible, complicating the creation of an adequate Rule 11 Agreement. Besides, these agreements are revocable, so either party can withdraw their consent and revoke it at any moment.
How long is a Rule 11 Agreement good for? Its duration is normally determined by the terms specified in the document. So, the Rule 11 Agreement is good just as long as you choose or until you file a motion for termination or modification.
How to Revoke a Rule 11 Agreement?
Either party can revoke the Rule 11 Agreement if they suddenly change their mind, but only until the judge signs the final order on its basis.
Can a Rule 11 Agreement be changed? Generally, spouses can modify any point of their agreement or withdraw their consent to the settlement by drafting a new document and effectively communicating it to the trial court. However, this must be done before the court approves it and enforces the final judgment.
Yet, the withdrawal does not guarantee that the provisions you do not agree to will not be enforced. The other party may still file a pleading for the court to enforce the initial agreement through a breach of contract procedure. As a result, while your request may not be satisfied, you may incur considerable expenses due to the court costs for each claim you make. So, it is better to clarify everything with your spouse before creating an agreement.
