Divorce and other family law cases often involve rule 11 agreements. You can use these agreements at any point over the course of a case.
If you are wondering, “What is a rule 11 agreement?” this post will answer some of your questions.
What Is a Rule 11 Agreement?
You may hear lawyers or other people talking about a rule 11 agreement as if it is a specific agreement. However, a rule 11 agreement is simply another name for a settlement agreement.
The name rule 11 agreement comes from Rule 11 in the Texas rules of civil procedure, which describes when an agreement between two lawyers or parties on opposite sides of a case is binding. For example, you and the other party may agree not to contest certain specific facts.
You may also agree on all the terms for your divorce. If your attorneys put either of these agreements in writing and file them, they will be binding under Rule 11.
When to Use a Rule 11 Agreement
As mentioned, a Texas rule 11 agreement can be used at multiple points throughout a case. Maybe there are complicated details about an aspect of your divorce, such as whether your spouse committed adultery. Instead of investigating whether your spouse cheated, you can enter into a rule 11 agreement in which you receive a larger share of the marital property in exchange for your agreement not to pursue the issue.
Of course, both sides must agree to this or any similar settlement. If you and your spouse find this agreement beneficial, you can file a rule 11 agreement letter with the court. The filing should clearly explain the terms of the agreement and should be signed by both parties.
You can also use a rule 11 agreement in Texas to settle your entire divorce. You can do this at any point while the case is in progress. After you file an agreement and the judge has approved it, its terms become the binding terms of the divorce.
Revoking a Rule 11 Agreement
If you filed a rule 11 agreement and no longer wish to abide by its terms, it may not be too late. Either party can attempt to withdraw the agreement after filing as long as a judgment has not yet been rendered.
After your rule 11 agreement Texas form has been filed, a judge must review the terms and enter a judgment. If you attempt to withdraw your consent to the settlement prior to judgment, you may be found not be bound by any of the agreement terms, but the issue of its enforceability may be litigated
Talk to an Attorney
If you think a Texas rule 11 agreement can simplify your case, you should contact an attorney. The experienced family lawyers at The Larson Law Office have used rule 11 agreements in divorce and other cases to help numerous clients. Our team of attorneys is dedicated to providing quality client service and achieving the best possible outcome for you.